That Pitch Terms of Service As of February 23, 2023

THAT NINETIES KID MUSIC GROUP LLC dba "That Pitch", a North Carolina limited liability company (“That Pitch”, “we” or “us”) provides access to the That Pitch website, currently located at That Pitch.com and all associated websites and subpages, including, without limitation, clearedmusic.io, any and all related mobile applications we may make available (collectively, “Application”), together with all enabled features, functionality and services, without limitation offered by us in connection with the Site and Application (collectively, “Services”). These terms and conditions (“Terms”) govern your access and use (as a registered user or otherwise) of the Services.

By accessing or using the Services in any way, you represent and warrant that you have read, understood, and accept and agree to be bound by these Terms. If you do not agree, you may not access or use the Services. Your use of That Pitch's distribution services, if applicable, is separately governed by the That Pitch Distribution Agreement, and any of its attachments or addendum, located here (https://www.That Pitch.com/distributionagreement).

Terms of Access and Use

Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Services. By accessing and using the Services, you represent and warrant that you are over eighteen (18) years of age or the applicable age of majority in your jurisdiction, and that you are either an individual acting on your own behalf, or the authorized agent of another individual or business. Your use of the Services as an authorized agent shall not relieve you of personal responsibility for your use of the Services. The rights granted to you by these Terms may be revoked by That Pitch at any time, in its sole discretion.

When you download the Application under these Terms you are granted a limited, non-exclusive, non-transferable license to use the Services on a computer, tablet or mobile device that you own or control. If you have accessed or downloaded the Application from any “app” store or distribution platform, such as the Apple App Store or Google Play (“App Provider”), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only and we are solely responsible for the Application; (ii) the App Provider has no obligation to furnish any maintenance and support services for the Application; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Application, and that, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof; and (v) you will comply with all applicable third party terms of service when using the Application, including any applicable App Provider terms of service. The Application may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules and new versions.

Registration and Accounts

In order to use certain features of the Services, you may be required to register for an account (“Account”) with us and provide certain information about yourself as prompted by the Account registration form. You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from unauthorized access to your Account or your failure to comply with the above requirements.

Payments

We may also charge fees for your access and use of certain features of the Services. All such fees will be determined by That Pitch in its sole discretion and may be subject to change without notice to you. The payment of all required fees must be made using a valid credit card on account with us. We currently accept Visa, MasterCard and American Express, but reserve the right to add or change acceptable payment methods from time to time. You expressly authorize That Pitch to charge the applicable amount of any required fees, plus any applicable taxes, to the payment method you provided. Any refunds are in That Pitch's sole discretion. If at any time we are unable to charge the relevant fees from the payment method you provided we may suspend your access to the Services.

Privacy

For information regarding our collection and use of information you provide to us, please refer to the Services privacy policy (“Privacy Policy”), located here (https://That Pitch.com/privacypolicy) which shall supplement and be incorporated into these Terms by reference. By entering into these Terms, you agree to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

User Content and Activity

The features and functionality of the Services may allow users to submit, upload, store and/or share audio recordings, musical compositions, images, artwork, photographs, audio-visual content, text and other content, information or materials (“User Content”) directly through the Services, and users shall be able to share such User Content using the features made available by the Services from time to time. The functionality of the Services may allow registered users to make certain User Content publicly available for other users (registered or unregistered) to view, listen to and share. Other features of the Services may enable users to privately submit and share messages between users or to upload files to store and share for private use. The foregoing activities described in this paragraph are sometimes collectively referred to herein as “User Activity”.

You are solely responsible for the User Content you submit through the Services as well as your User Activity generally. You agree that, through our Services and at your direction, we are only acting as a passive conduit for your online distribution, storage, publication and/or other exploitation of your User Content. Between you and That Pitch, That Pitch does not claim any ownership rights with respect to your User Content. By uploading, publishing, modifying, displaying or otherwise submitting User Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, as well as to other users of the Services, a non-exclusive, transferable, fully paid, worldwide license to use, copy, reproduce, publicly perform, publicly display, communicate to the public, sync, stream, listen to, license, make available, reformat, translate, excerpt (in whole or in part), transmit, re-post and distribute such User Content for any purpose on or in connection with the Services.

Accordingly you represent, warrant and agree that: (a) you have the right to agree to these Terms; (b) all of your User Content is original with you, in the public domain throughout the world or used by you with the express consents, permissions or licenses necessary from the original owner(s) of such materials for use by you and us pursuant to these Terms; (c) your User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity and privacy; (d) That Pitch shall not be responsible for payments or any other liability to any third party in connection with the use of your User Content on the Site, Application, Services or otherwise in connection with these Terms; and (e) none of your User Content or Direct Messages contain material which is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”

That Pitch reserves the right to reject and/or remove any User Content, Direct Messages or other content that That Pitch believes, in its sole discretion, violates these provisions. That Pitch takes no responsibility and assumes no liability for any User Content and/or Direct Messages that you or any other users or third parties post, use, store or share through the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content or Direct Messages that you send, upload, download, stream, sync, license, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility. That Pitch is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that That Pitch shall not be liable for any damages you allege to incur as a result of such User Content.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Restrictions

You agree not to submit User Content and/or Direct Messages, or otherwise take part in User Activity that:

• may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or other third party;

• may create a risk of any other loss or damage to any person or property;

• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

• may constitute or contribute to a crime or tort;

• contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, otherwise objectionable or content that may be deemed to constitute “hate speech”

• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);

• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or

• contains any information or content that you know is not correct and current.

In addition to the restrictions listed above, you may not:

• rent, transfer, assign, resell or sublicense access to the Services to any third-party;

• combine or integrate the Services with hardware, software or other technology or materials not provided by us;

• modify or create any derivative product based on or the Services;

• decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code;

• use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

• use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or

• frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages, without our prior written consent.

Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms

Ownership

As between you and us, we retain all right, title and interest in and to the Services, and all related intellectual property rights. All rights in and to the Services not expressly granted herein are reserved. You may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services. All trademarks, logos and service marks (“Marks”) displayed on the Services are either our property, or the property of third parties. You are not permitted to use these Marks without our prior written consent, or the consent of such third party owner of the Mark(s) if not owned by That Pitch.

Copyright Claims

We respect the intellectual property rights of others. If you believe that any content on our Services infringes upon your copyright or the copyright of someone you represent, please send an e-mail or other written notice to our Designated Copyright Agent using the contact information provided below (each, a “Notice”). All Notices should meet the requirements of the Digital Millennium Copyright Act (DMCA) 17 U.S.C. § 512(c)(3) and include the following information:

(a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed;

(c) a description of where the material that you claim is infringing is located on the Services, and information reasonably sufficient to permit us to locate the material;

(d) your address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) 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.

Our designated Copyright Agent for notice of claims of copyright infringement is:

Copyright Agent THAT NINETIES KID MUSIC GROUP LLC dba "That Pitch" Email: legal@thatpitch.com

In accordance with the DMCA and other applicable law, That Pitch has adopted a policy of terminating, in appropriate circumstances and in That Pitch's sole discretion, users who are deemed to be repeat infringers. For the avoidance of doubt, the foregoing sentence in no way limits That Pitch's right to limit access to the Services and/or terminate the Accounts of any users for any reason, in That Pitch's sole discretion, including, without limitation, in the case of users who infringe, or allegedly infringe, any Intellectual Property Rights of others, whether or not there is any repeat infringement.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notice. Thus, if you are not sure that material located on or linked to by the infringes your copyright, you should consider first contacting an attorney.

Links to Third-Party Websites or Services

You may be able to access websites, content, products or services provided by third parties through links that are made available on the through the Services (“Third Party Services”). For example, we may include links to various services. If you elect to use such Third Party Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third parties. You understand that That Pitch is not the provider of, and (to the maximum extent legally permitted) is not responsible for, any such Third Party Services or any transactions or use thereof. Where the Services include any links to Third Party Services, this does not imply any endorsement by us of the goods, services or materials available on such Third Party Services.

Hold Harmless and Limited Liability

You agree to use the Services at your own sole risk, and agree to hold harmless That Pitch and its licensors and/or any of our or their respective successors and assigns from any and all liability, harm, damages, costs (including attorney's fees and legal and court costs), expenses, allegations, claims and legal action of any kind at any time or of any sort that may arise from your use of the Services, any violation of these Terms or of applicable law, or any third party claim of infringement of any Intellectual Property Rights, or any other right, arising from the hosting, making available or any other use of your User Content on the Services. Your agreement to these Terms shall permanently and wholly bar you from any legal action of any sort towards That Pitch for the use of the Services or any resultant effects of any sort, shape, kind or type, including any statutory and/or tort actions, specifically inclusive of any legal, action of any type, kind, or sort.

ALL INFORMATION, CONTENT AND MATERIALS PROVIDED VIA THE SERVICES ARE PROVIDED “AS IS.” WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS PROVIDED VIA THE SERVICES. WE CANNOT GUARANTEE THAT ACCESS TO OR USE OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. WE EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW. NEITHER That Pitch NOR ANY OF OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, LICENSORS OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OF THE INFORMATION OR MATERIALS PROVIDED ON THE SERVICES, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. THE FOREGOING IS APPLICABLE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Modifications

We may change these Terms from time to time, and expect to do so as we evolve and expand the Services. Any such changes will become effective immediately upon your assent thereto. Continuing use of the Services after changes to the Terms have been posted shall be deemed assent to the changes. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.

Restricted Persons

You represent and warrant to That Pitch that you (a) are not designated on any sanctions- or export- related list of restricted or blocked persons, including designation on the U.S. Department of the Treasury Office of Foreign Asset Control's (“OFAC”) List of Specially Designated Nationals and Blocked Persons, (b) are not located in, organized under the laws of, or resident in any country or territory that is itself the subject of any economic or financial sanctions by any U.S. or other relevant governmental authority, including, but not limited to, Cuba, Iran, Syria, North Korea, Venezuela and the Crimea Region of Ukraine, (c) are not greater than 50% owned or controlled by any persons described in clause (a) or (b) (collectively with (a) and (b), a “Restricted Person”), (d) will not violate or cause That Pitch to violate any economic sanctions, including those administered by OFAC, in connection with the Services, and (e) will notify That Pitch immediately of any breach of the terms described in clauses (a) through (d).

Miscellaneous

These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to your access to and use of the Services. We reserve the right to terminate these Terms, your Account, and your access to the Services at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site or Application. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. If any provisions hereof are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Services are hosted and operated in the United States of America and we make no representation that any content is appropriate for access outside of the United States. Those who choose to access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws. These Terms shall be construed and enforced in accordance with the laws of the United States and the State of North Carolina, without regard to any conflict of law provisions, and any and all legal actions in connection with the Services and/or these Terms of Service or our Privacy Policy shall be brought exclusively in the federal or state courts located in Mecklenburg County, North Carolina, U.S.A.

That Pitch Privacy Policy Last Updated February 23, 2023.

Welcome to That Pitch, a service provided by THAT NINETIES KID MUSIC GROUP LLC (dba That Pitch) (“That Pitch,” “we,” “us,” or “our”).

That Pitch provides a digital music distribution service which distributes music through online stores and streaming services on behalf of its customers and collects and distributes the related earnings.

This Privacy Policy explains how we collect, disclose and otherwise process Personal Data (defined below) when you use our website (the “Site”) and all related sites, widgets, tools, data, software, APIs and other services provided by That Pitch (together with the Site, “Service”), and your choices concerning our data practices.

“You” or “your”, as used in this Privacy Policy, refers to the individual to whom Personal Data relates.

Please read this Privacy Policy before using our Service or submitting any Personal Data to That Pitch and contact us if you have any questions.

1. INFORMATION WE COLLECT

When you use our Service or otherwise interact with us, we collect information that alone or in combination with other information could be used to identify you (“Personal Data”) as follows:

Account Data: If you wish to register for the Service, you will need to provide us with certain Personal Data, such as your name, email address, password, postal address, phone number, as well as any biography/profile information (including profile photos) you would like associated with your music at online stores and streaming services.

Creator Data: We will collect information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label or some other category of creator, the music you upload, and information relating to how often your music is played in online stores and streaming services).

Communication Data: If you contact customer service or otherwise communicate with us by email or otherwise, we may collect Personal Data related to those communications, including the contents of the communications and the data and time they occurred.

Payment Data: In order for us to pay your royalties to you, we will need to collect your PayPal ID and certain tax information. When you pay for our Service, we collect certain billing information through our payment processor Stripe, Inc. (“Stripe”), such as billing address, payment card details, and bank account information. Accordingly, in addition to this Privacy Policy and our Terms of Service, Personal Data related to the payments you make through the Service are also processed according to Stripe’s services agreement and privacy policy.

Social Media Data: We have pages on social media sites like Instagram, Facebook, Twitter, and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us through your settings on the Social Media Site, such as your profile and contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.

Online Activity Data: When you visit, use and interact with the Site, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Site, peak hours of visits, which page(s) are visited on our Site, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and visit our Site (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and Site-navigation pattern. In particular, the following information is created and automatically logged in our systems:

Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol (“IP”) address (which we collect for security reasons), browser type and settings, the date and time of your request, and how you interacted with the Site.

Cookies: Please see the “Cookies” section below to learn more about how we use cookies.

Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.

Usage Information: Information about how you use our Site, including statistical usage data derived from the operation of our Site, filtering choices and information regarding the performance results for the Site.




2. HOW WE USE PERSONAL DATA

We use Personal Data to provide the Service, including uploading your music to music libraries, sending accounting statements to you, and paying you the royalties you are owed. This processing is necessary to perform our contract with you.

We also use Personal Data as necessary for the following legitimate business interests:

To respond to your inquiries, comments, feedback or questions;

To manage our relationship with you as a customer or user of our Service, which includes sending administrative information to you relating to our Service and changes to our terms, conditions, and policies, and asking you to leave a review or take a survey;

To allow our musician and content creator customers to communicate with and better understand their fans, by permitting our customers to receive email addresses of their followers or fans, so they can keep fans updated with news, events and other updates;

To analyze how you interact with our Service and provide, maintain and improve the content and functionality of the Service and our customer relationships and experiences, develop our business and inform our marketing strategy (please see the “Cookies” section below to learn how we use cookies);

To administer and protect our business and the Site, prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data); and

To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties, and recover debts due to us.




For information about what we mean by legitimate interests and the rights of individuals in the European Union (“EU”), please see the “EU Users” section below.

Marketing. We may contact you to provide information we believe will be of interest to you. For instance, if you elect to provide your email address, we may use that information to send you promotional information about our products and services. If we do, where required by law, for example if you are in the EU, we will only send you such emails if you consent to us doing so at the time you provide us with your Personal Data. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Services and to respond to your requests.

3. HOW WE SHARE AND DISCLOSE PERSONAL DATA

In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth below:

Vendors: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with service providers, including hosting, cloud or other information technology services; marketing service providers; payment processors; customer support providers; and web analytics services. Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us.

Music Libraries: we distribute the music and any related information like titles, descriptions, and album art that you upload to the Service to music libraries.

Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, or other lawful requests by public authorities, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.

With Your Consent: We may share your Personal Data where we obtain your consent to do so, such as to connect you with a record label.




4. DATA RETENTION

We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.

If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

5. UPDATE YOUR INFORMATION

If you need to change or correct your Personal Data, or wish to have it deleted from our systems, you may contact us a hello@thatpitch.com. We will address your request as required by applicable law.

6. NOTICE TO CALIFORNIA RESIDENTS

Online Tracking and Do Not Track Signals: We may, and we may allow third party service providers to, use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will describe how we do so in this Privacy Policy.

Personal Data Collection, Use, and Disclosure: The following disclosures are intended to provide additional information about (1) the categories of Personal Data we collect, (2) the sources of Personal Data we collect, (3) how we use each category of Personal Data, and (4) how we disclose Personal Data. Nothing in this Notice limits our ability to use or disclose Personal Data as described above.

Category of Personal Data

Sources of Personal Data

Use of Personal Data

Disclosure of Personal Data

Account Data

We collect Account Data from you.

We use Account Data to provide the Service to communicate with you, and for marketing.

We disclose Account Data to our hosting provider and to our marketing partners.

Creator Data

We collect Creator Data from you.

We use Creator Data to provide the Service.

We disclose Creator Data to music libraries.

Communication Data

We collect Communication Data from you.

We use Communication Data to communicate with you and provide customer service.

We disclose Communication Data to our hosting and customer support providers.

Payment Data

We collect Payment Data from you.

We use Payment Data to collect payments from you and to transmit payments to you.

We disclose Payment Data to our payment processors and the government tax authorities.

Social Media Data

We collect Social Media Data from you and from Social Media Sites.

We use Social Media Data to operate our pages on Social Media Sites and for marketing.

We disclose Social Media Information to Social Media Sites.

Online Activity Data

We collect Online Activity Information from you via your interaction with the Service.

We use Online Activity Information for analytics and marketing.

We disclose Online Activity Information to our analytics providers and marketing partners.




We do not and will not sell your Personal Data.

Privacy Rights: To the extent provided for by law and subject to applicable exceptions, California residents have the following privacy rights in relation to the Personal Data we collect:

The right to know what Personal Data we have collected and how we have used and disclosed that Personal Data;

The right to request deletion of your Personal Data;

The right to opt out: we may sell your Online Activity Data to third parties. You can opt out by contacting us.

The right to request the categories of Personal Data we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties;

The right to be free from discrimination relating to the exercise of any of your privacy rights.




Exercising Your Rights: California residents can exercise the above privacy rights by emailing us at hello@thatpitch.com.

Verification: in order to protect your Personal Data from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Data. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Data for verification. If we cannot verify your identity, we will not provide or delete your Personal Data.

Authorized Agents: you may submit a request to know or a request to delete your Personal Data through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.

7. CHILDREN

Our Service is not directed to children who are under the age of 13. That Pitch does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to That Pitch through the Service please contact us and we will endeavor to delete that information from our databases.

8. EU USERS

Scope. This section applies to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, to the extent applicable, Switzerland).

Data Controller. We are the data controller for Personal Data described in this Privacy Policy. You can find our contact information, and the contact information of our EU-based representative, in the “contact us” section below.

Legal Bases for Processing. This Privacy Policy (the paragraph “How We Use Personal Data”) describes the legal bases we rely on for the processing of your Personal Data. Please contact us if you have any questions about the specific legal basis we are relying on to process your Personal Data.

As used in this Privacy Policy, “legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your Personal Data for our legitimate interests, what these interests are and your rights. We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

Your Rights. Pursuant to the EU General Data Protection Regulation (or GDPR), you have the following rights in relation to your Personal Data, under certain circumstances:

Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.

Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.

Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:

If we are relying on a legitimate interest to process your Personal Data -- unless we demonstrate compelling legitimate grounds for the processing or we need to process your data in order to establish, exercise, or defend legal claims;

If we are processing your Personal Data for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above);

Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.

Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns (generally, the data protection authority of the country in which you are located).




Please see the “Contact Us” section below for information on how to exercise your rights.

9. INTERNATIONAL TRANSFER

That Pitch is based in the United States. If you are accessing our Service from the EU or other regions with laws governing data collection and use, please note that your Personal Data will be transferred to and stored in the United States as necessary for the purposes described in this Privacy Policy, and the data may be transmitted to our service providers supporting our business operations (described above). The United States may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located.

Where we transfer your Personal Data out of the EU we will take steps to ensure that your Personal Data receives an adequate level of security protection where it is processed and your rights continue to be protected. Some of our service providers (such as Google LLC and Trolley Payments UK ltd.) are certified to the Privacy Shield framework for data transfers (for more information visit https://www.privacyshield.gov/welcome). For more information, please contact us as described below.

10. LINKS TO OTHER WEBSITES

The Site may contain links to other websites not operated or controlled by That Pitch, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

11. COOKIES

We and our partners use cookies to operate and administer our Site, make it easier for you to use the Site during future visits, and gather usage data on our Site.

For more information about the cookies used on our Site, please refer to our Cookie Policy, which forms part of this Privacy Policy.

12. SECURITY

You use the Service at your own risk. We comply with industry standards to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to That Pitch via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.

13. YOUR CHOICES

Whether or not you provide Personal Data to us is completely up to you, but if you choose not to provide information that is needed to use some features of our Site, you may be unable to use those features. You can also contact us to request access to your data or to ask us to update, correct, or delete your Personal Data.

14. CHANGES TO THE PRIVACY POLICY

The Service, and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.

15. CONTACT US

If you have any questions about our Privacy Policy or the information practices of the Site, please feel free to contact us at hello@thatpitch.com.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

If you are an individual in the EU, you can also contact EDPO, who has been appointed as That Pitch's representative in the EU pursuant to Article 27 of the GDPR on matters related to the processing of Personal data activities that take place in the EU. To make such an inquiry, please use EDPO’s online request form: https://edpo.com/gdpr-data-request/; or, write to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium.

Distribution Agreement

That Pitch Distribution Agreement As of February 19, 2025

This Distribution Agreement and Terms of Service (this “Agreement ”) is a binding legal agreement between you and THAT NINETIES KID MUSIC GROUP LLC dba "That Pitch", a North Carolina limited liability company (“That Pitch”, “our” or “us”) regarding your use of our That Pitch service to distribute your musical recordings to selected Music Libraries (our “Service”), That Pitch’s content blocking and acoustic fingerprint service currently known as Cleared™ (clearedmusic.io) (defined further below), and any other uses of your musical recordings and musical compositions by That Pitch and its licensees as described herein. If you are entering into this Agreement on behalf of one or more other people, a group, or a company or other entity, then by accepting this Agreement you represent and warrant to us that you are duly authorized to do so on behalf of all such person(s)/entity(ies) and to bind them to this Agreement and that That Pitch is fully entitled to rely on that fact (in which case, the term “you ” includes all such people and entities) in our performance under this Agreement.

By clicking to agree to this Agreement, you are accepting the terms and conditions below, so please read and understand them completely before doing so. This Agreement will automatically become effective on the date you click to agree to this Agreement (the “Effective Date ”).

THAT PITCH DOESN'T TAKE ANY COPYRIGHT OR OTHER INTEREST IN ANY OF YOUR MUSIC, ONLY A LIMITED LICENSE TO DISTRIBUTE.

PLEASE UNDERSTAND THAT YOU MUST OWN OR OTHERWISE HAVE THE LEGAL RIGHT TO REPRODUCE AND DISTRIBUTE 100% OF THE RECORDINGS, MUSICAL COMPOSITIONS, LITERARY WORKS, DRAMATIC WORKS, SPOKEN WORD CONTENT, ARTWORK AND ANY OTHER MATERIAL THAT YOU INTEND TO UPLOAD AND DISTRIBUTE VIA THE That Pitch SERVICE, INCLUDING THE RIGHT TO MAKE AND DISTRIBUTE DIGITAL DOWNLOADS EMBODYING THE MUSICAL COMPOSITIONS THEREIN, AND ELECTRONIC TRANSMISSIONS OF SUCH MUSICAL COMPOSITIONS (INCLUDING, WITHOUT LIMITATION, VIA STREAMING SERVICES), AS NECESSARY.

FOR EXAMPLE, YOU CANNOT DELIVER TO US ANY RECORDINGS THAT INCLUDE SAMPLES UNLESS YOU HAVE ALL NECESSARY WRITTEN PERMISSION FROM THE SONGWRITERS AND FROM THE OWNERS OF THE APPLICABLE ORIGINAL RECORDINGS. WE OFFER A SERVICE TO HELP YOU OBTAIN LICENSES FOR RECORDINGS OF COVER VERSIONS OF MUSICAL COMPOSITIONS, BUT YOU MUST OPT-IN TO AND REGISTER FOR THAT SERVICE IF YOU UPLOAD ANY COVER VERSIONS TO US. YOUR RECORDINGS WILL NOT BE AVAILABLE IN ANY MUSIC LIBRARY UNTIL THAT PITCH RECEIVES NOTICE THAT THE APPROPRIATE LICENSES HAVE BEEN CLEARED.

Please note that if you are a user of the Cleared™ (clearedmusic.io) service only, you agree to the applicable portions of this Agreement, as well as the “Cleared™ (clearedmusic.io) Addendum” located at the end of this Agreement.




1. THE THAT PITCH SERVICE AND YOUR RECORDINGS

a. The That Pitch Service enables you to upload to our servers digital files containing audio-only musical sound recordings or audio-visual works and the underlying musical compositions, literary works, dramatic works or spoken word content embodied therein (“collectively, “Recordings ”) for distribution to Music Libraries within our distribution network ( “Music Libraries”; which shall include UGC Services [as defined below]), who may make your Recordings available to their customers and end users (“Customers”). Such musical compositions, literary works, dramatic works or spoken word content embodied in the Recordings are sometimes referred to herein collectively as “Compositions”).

b. Recordings must be musical sound recordings in single track, EP, or album configuration (however, please note that Music Libraries will make your Recordings available to Customers to license as individual tracks ­ i.e., you cannot require that a Customer license an entire album or EP as a single unit). We do not accept or distribute ringtones, audio books, spoken-word records, digital booklets, or other types of content; however, if we choose to do so, as determined by us on a case-by-case basis in our discretion, the terms of this Agreement shall apply to such formats.

c. We can currently accept Recordings in WAV, MP3, AIFF, CDDA, MP4 (m4a), Windows Media (WMA) and FLAC formats up to 75 MB in size (or up to 24-bit / 96kHz for WAV files) and less than 10 minutes long. We and/or the Music Libraries may require different formats or file sizes from time to time during the Term, and That Pitch reserves the right to convert audio files of the Recordings as necessary.

d. When uploading each Recording, you must provide us with all accompanying data that we or a Music Library may require (e.g., artist name, album title, each track title, audio stems, genre), plus any available cover art (in JPG format with RGB color or any other format that we or a Music Library may require). For purposes of this Agreement, all such data, metadata, information, image files, artwork and any other materials you provide to us are included in the definition of “Recordings.” We may also require that you indicate if the Recording contains explicit content, in which case a Music Library may tag it accordingly.

e.. Once you have uploaded a Recording to our Site (defined below) for distribution, you may delete any track at any time during the Term, provided it has not been licensed. Licensed tracks cannot be deleted. If you unsubscribe from our Service, we will delete your non-exclusive music. However, licensed exclusive music will not be deleted, as it is governed by a separate document that constitutes a permanent copyright assignment.







2. Music Libraries

a. Recordings uploaded to That Pitch are non-exclusive at the time of upload while on the site. Should you designate a recording as available for a non-exclusive library, it will remain non-exclusive even upon acceptance by a Music Library. However, YouTube Content ID is managed exclusively. Conversely, recordings designated as available for an exclusive library will attain exclusive status upon acceptance by a library (see Exclusive Recordings Addendum below). You retain the right to designate each recording as available for either a non-exclusive library or an exclusive library at the time of upload.

b. We undertake to provide your Recordings to Music Libraries as quickly as possible. However, it can take a few hours to a few days to several weeks to several months for a Music Library to integrate, process and make your Recordings available to Customers, depending on the particular Music Library and the territory. Please be patient.

c. Each Music Library will determine its pricing to its Customers, as well as format or media and other terms on which it offers recordings (including your Recordings) to its Customers, in its discretion and according to its business model. For example, in some cases your Recordings may be available for permanent digital download on a pay-per-unit basis, in others Customers may pay a monthly subscription fee to be able to license or temporarily download your Recordings along with other recordings. By way of further example, Music Libraries may also offer your Recordings for free on a promotional basis, alone or together with other recordings, may include your Recordings in marketing promotions, may create editorial content about your Recordings and the featured artists, may group Recordings by genre or other designation, may create and allow Customers and others to listen to free preview clips of your Recordings, all in their discretion. Ultimately Music Libraries can price however they like. We aren't responsible for what Music Libraries do, and by opting into non-exclusive or exclusive Music Libraries, you agree to accept and have your Recordings made available to its Customers in accordance with its pricing structure and other practices and policies from time to time, and in accordance with its agreement with That Pitch.

d. We will distribute your Recordings to Music Libraries on a worldwide basis (you can't specify only certain countries or territories for particular Recordings). The “Territory” of this Agreement is the universe, except where noted with respect to certain territories outside of the United States.

e. Music Libraries may choose not to carry one or more of your Recordings at all or in certain territories (or to remove Recordings at any time) per their policies and practices, so we can't make any guarantees. We may also decline to distribute (or may remove from Music Libraries) one or more Recordings from any or all Music Libraries if we receive any legal claims regarding the particular Recording(s), if we reasonably believe that any legal claims or issues may arise, if a Recording may violate the terms and conditions of any Music Library, or for any other reason in our business judgment. And if our agreement with any Music Library expires or terminates, or if that Music Library ceases to operate entirely or in a particular territory, then your Recordings will no longer be available through that Music Library.

f. By opting into a Music Library, you warrant to That Pitch that you have read, understand, and agree to be bound by all of the terms and conditions of that Music Library, and that you and your Recordings and other content will comply fully with those terms and conditions.

3. YOUR ACCOUNT

a. When you register for our Service, you will establish a username and password that will provide access to an online user dashboard for your account on our website, currently www.That Pitch.com (our “Site”). Please keep your username and password safe and secure, as you will be solely responsible for any Recordings and other content uploaded and for all financial transactions and other activity conducted through your account. We will not be responsible for any activity transacted via or through your account.

b. At the time of registration, you choose which level of user account you would like, depending on your budget and the level of services you want.

c. The artist name(s) you choose will last for the duration of the term of your Agreement with us, and can't be changed. If you upgrade within your first 12 months as a paying That Pitch member, we will process your payment immediately. 

d. Your monthly or annual registration fee must be paid with a valid credit card and, as described below under “Term,” will automatically recur annually until you terminate the Term of this Agreement. Therefore, you must maintain a valid credit card on account with us throughout the Term. We currently accept Visa, MasterCard and American Express, but reserve the right to add or change payment methods during the Term. You expressly authorize That Pitch to charge the applicable amount, plus any applicable taxes, to the credit card you provided or, in our sole discretion, to deduct that amount from monies payable by us to you. Any refunds are in That Pitch's sole discretion. In addition, if you owe any fees or other amounts to That Pitch, we may deduct or set-off such amounts from any current or future payments to you, in addition to our other rights and remedies.

4. TERM

a. The term of this Agreement (the “Term”) will begin on the Effective Date and will continue for one (1) year, unless renewed or terminated earlier.

b. The Term will renew automatically at the end of each annual contract period (and your credit or debit card will be charged accordingly) unless you terminate your account prior the end of the then-current contract year via your account on the user dashboard on the Site.

c. That Pitch may terminate the Term for any reason, including but not limited to if we reasonably believe that you or any of your Recordings or other content have violated this Agreement or the terms and conditions of any Music Library, that you or your Recordings infringe the intellectual property or other rights of any person or entity, if we are told by any Music Library or reasonably believe that Music Libraries will not accept your Recordings or other content specifically or categorically, or that you are otherwise abusing our Service or any Music Library or engaging in fraudulent or illegal activity. We may also terminate the Term if the credit or debit card that you provided to us expires, is cancelled, if our attempts to charge your Service fee are declined for any reason, or if we reasonably believe that charges were incurred fraudulently. So if the number, expiration date, billing address, or any other card or account information changes, please be sure to update your That Pitch account promptly via the Site user dashboard. At our sole option, we may nevertheless elect to renew the Term and to deduct the applicable renewal fee from any and all sums payable to you hereunder. We may also terminate the Term if our Service is discontinued for any reason.

d. After the end of the Term, we will notify all applicable Non-Exclusive Music Libraries to remove your Recordings and will have no further obligation to you other than to account and pay for monies earned during the Term. Customers who downloaded or otherwise accessed your Recordings may be able to retain and continue listening to your Recordings even after the Term of this Agreement is over.

5. GRANT OF RIGHTS

a. In order for us to provide the Service and to distribute your Recordings (which, solely for purposes of clarity, and as a reminder to you, includes the Compositions) and related content to your selected Music Libraries via our Service and/or on That Pitch’s sites/services or digital platforms, our lawyers and the Music Libraries need us to confirm that you grant us the non-exclusive, sub-licensable right and license during the Term and throughout the Territory to:

i. reproduce and distribute your Recordings, to Music Libraries for them to sell or sublicense to their Customers by any and all applicable digital (non-physical) formats, configurations, technologies and methods (including, without limitation, permanent downloads, temporary or “tethered” download, interactive and non-interactive streaming, “scan and match” services, “cloud” services, digital jukeboxes, digital and online/wireless karaoke services, business establish background services, home exercise background and audiovisual services, and other audiovisual services) to any and all capable devices (including, without limitation, to personal and tablet computers and smartphones), in each case as now or hereafter known. Without limiting the foregoing, you acknowledge that the foregoing rights include the rights to allow Music Libraries and/or their users to synchronize your Recordings in timed relation with visual images in any and all media, and any necessary rights of performance and reproduction required for the operation of such Music Libraries;

ii. create, reproduce, publicly perform and make available, and to authorize Music Libraries to reproduce, create and publicly perform and make available, free preview clips of your Recordings via streaming format either on That Pitch Sites or via the Music Libraries;

iii. authorize third-party partners and/or licensees of That Pitch, which offer services permitting the creation, use and exploitation of so-called “remixes” of your Recordings and so-called “user generated content” embodying your Recordings, including, without limitation, YouTube, Facebook and Instagram (collectively, the “UGC Services”). Without limiting the foregoing, you agree that That Pitch shall have the right to grant UGC Services the following related rights: (1) to synchronize and authorize others to synchronize your Recordings (which again, solely for clarification, includes the Compositions), with visual images and/or combine excerpts of your Recordings with any series of still or moving images, either pre-capture, post-capture or as a live stream; (2) to use and include your Recordings and/or remixes of your Recordings in “Mix Content” which shall mean the combination of two (2) or more whole or partial audio-only tracks which may be harmonically, rhythmically or otherwise mixed, remixed, edited or mashed up; (3) to store, host, reformat, make on-demand streams of, make conditional (“limited” or “tethered”) downloads of, and display your Recordings as have been embodied in user videos, “art tracks,” audio-only tracks (including remixes), label videos and Mix Content, and to make your Recordings available on and through the UGC Services, including without limitation, in embedded YouTube video players; (4) to reproduce, distribute, and prepare derivative works (including synchronization rights and remix rights) based upon your Recordings, to the extent necessary for the purpose of engaging in any of the foregoing activities, to collect all income from the foregoing activities, and to create reference files and fingerprints of the Recordings, and to store and use such files; (5) grant the UGC Services all necessary rights to (and to pass through such rights to users as applicable) include the Recordings, in Google’s so-called “AudioSwap Library” (or any successor product thereto which is owned or controlled by Google) and similar “libraries” of the UGC Services, which consist of master recordings any of which users may add to their user videos and/or Mix Content, as applicable; and (6) display album artwork in association with videos and audio-only tracks created in connection with the UGC Services. The UGC Services will also have the rights to (and to pass through such rights to labels and users as applicable): (AA) create so-called “art tracks” using your Recordings; (BB) create reference files and fingerprints of your Recordings; and (CC) use your Recordings in Facebook properties that include musical emojis/stickers, video re-mix, send-a-lyric, virtual reality experiences, singalong with lyrics. “UGC Services” shall include all mirror and derivative sites, including mobile, all replacements or successor versions thereof, and all international versions thereof, and any features thereof made available to paying or non-paying users through application programming interfaces (or “apps,” as such term is commonly understood in the technology industry), and any other product, device or service (including mobile devices), including embeds and playback pages, capable of accessing the videos and audio-only tracks made available on or through the UGC Services websites, even if accessed through a means other than such websites.

iv. display and otherwise use your artist(s) and/or label name and logo (if you have one) and all artwork, song and album titles, all trademarks, service marks, logos and trade names, and all artist, songwriter, producer and mixer names and approved likenesses, each as embodied in metadata within the Recordings or otherwise provided by you (“Materials”), on That Pitch Sites, on the Music Libraries' sites and services, and in any marketing, advertising or promotional materials for our Service or for the Music Libraries. Without limiting the foregoing, the Music Libraries may (but shall have no obligation to) create editorial content regarding you and your Recordings and may classify or categorize the same for inclusion within one or more genres;

v. collect income from the Music Libraries from their exploitation of your Recordings (and to collect income after the Term from exploitation of your Recordings during the Term); and

vi. notify Music Libraries and other third parties of our rights and relationship per this Agreement, and to include your name and logo (if you have one) in any listing of That Pitch licensors.

b. You also grant to us and to your selected Music Libraries the right and license during the Term and throughout the Territory to take all steps desired or required to effect the foregoing rights and to distribute your Recordings and Materials as contemplated in this Agreement, including without limitation, to store, host, cache, reproduce, convert, edit, serve, transmit and publicly perform such Recordings, and as otherwise required pursuant to our agreements with those Music Libraries, as may be amended from time to time during the Term. You understand that Music Libraries may grant to Customers rights to use your Recordings beyond the Term of this Agreement, even perpetual rights. As noted above, Music Libraries and/or we may decline to distribute or otherwise exploit any Recordings or other Materials (or to remove any Recordings that have already been distributed or offered to Customers) in our reasonable business judgment. You will be deemed to have approved any artwork, photographs, biographical material or other information or materials that you provide to us.

c. Additionally, and in no way limiting any rights granted by you herein above, you hereby grant to That Pitch a direct license to publicly perform your Recordings (which, solely for purposes of clarity, include the Compositions) on the That Pitch Sites. In the event you are affiliated with a performing rights society, performing rights organization or other collection society (“PRO”) to which you have granted the non-exclusive right to administer the public performance rights in and to your Recordings and/or Compositions, you agree to notify each such PRO, in accordance with the requirements of your applicable PRO membership agreement(s), of your agreement to grant the direct public performance license pursuant to this paragraph and as otherwise provided in this Agreement.

6. YOUR RESPONSIBILITIES

a. You are solely responsible for and must have obtained all necessary rights, licenses, waivers, clearances and permissions, including without limitation all music publishing rights and licenses in order to distribute, reproduce, display, publicly perform, synchronize with audiovisual works or otherwise exploit the Compositions (including the lyrics of such Compositions), throughout the Territory for all Recordings and other Materials in order to enable That Pitch and your selected Music Libraries to fully exploit all their rights hereunder free of any claims, liens, encumbrances or other restrictions. Your uploading of Recordings and delivery of any other Materials shall be your unqualified warranty and representation to us that you have obtained any and all such rights required and necessary for That Pitch and your selected Music Libraries to sell, distribute, publicly perform, promote, and otherwise exploit such Recordings and Materials as contemplated under this Agreement, including the waiver of all so-called “moral rights”, under the laws of any jurisdiction, on your behalf as well as on behalf of any and all contributors involved in any manner with the creation and delivery of your Recordings.

b. Without limiting anything in this Agreement, you are solely responsible for and shall timely pay (i) any and all royalties, including without limitation all mechanical royalties and synchronization fees, and all other amounts due to artists, producers, mixers, engineers, licensors and any other royalty participants from the sales, license, performance and/or other exploitation of your Recordings and Materials, (ii) any and all royalties, including without limitation all mechanical royalties and synchronization fees, that may be payable by you to the owners or administrators of copyrighted recordings (e.g., samples) and/or musical compositions embodied in your Recordings, (iii) all payments that may be required under union, guild or other collective bargaining agreements applicable to you or third parties, and (iv) any other royalties (including without limitation mechanical royalties), fees and/or sums payable with respect to the Recordings or Materials, including, without limitation, any royalties that may be required to be paid, pursuant to the applicable laws of any jurisdiction, as a result of authorized exploitations by That Pitch or your selected Music Libraries of your Recordings (including, for purposes of clarity, the Compositions) for so-called performer’s rights, equitable remuneration rights or neighboring rights, however characterized under local law. If any portion of your Recordings are now or in the future administered in any territory(ies) by any PRO, you are obligated to notify such third party PRO(s) of this Agreement. You understand and acknowledge that That Pitch will not be making any such payments on your behalf or otherwise. WE DO NOT AND CANNOT PROVIDE YOU WITH LEGAL ADVICE REGARDING YOUR OBLIGATIONS TO THIRD PARTIES, SO PLEASE CONSULT A QUALIFIED LAWYER BEFORE ENTERING INTO THIS AGREEMENT AND UPLOADING ANY RECORDINGS TO OUR SERVICE.

PAYMENT & ACCOUNTING TERMS 

a. In full consideration of the rights and licenses granted hereunder, we will post to your That Pitch account one hundred percent (100%) of any and all monies that we actually earn and receive in U.S. Dollars in the U.S.A. from your selected Music Libraries which are directly attributable to their exploitation of your Recordings, after deducting (i) any applicable PayPal fees or other payment processing fees, (ii) any fees for legal clearance if deemed necessary, which may include but are not limited to lawyers in multiple territories and clearedmusic.io.

We manage YouTube Content ID for all music distributed through That Pitch to ensure proper administration by the Music Libraries. As a result, we do not distribute YouTube Content ID royalties directly to artists. If you unsubscribe from our Service and your music is non-exclusive, you will regain the ability to register and collect on your YouTube Content ID independently. While your song is within That Pitch, we will handle the full registration and collection of YouTube Content ID royalties on your behalf. Please note, you may not register your music with a third-party YouTube Content ID system while it is managed by That Pitch.

If That Pitch receives a lump-sum payment from a Music Library that is not attributable to any particular artist account(s) or specific Recordings from any particular artist account(s), That Pitch will, in its sole discretion, determine if, and to what extent, any portion of such monies shall be payable hereunder. Without limiting the immediately preceding sentence, That Pitch may determine to distribute such monies (i) on a pro-rata basis based on the number of artists with whom That Pitch has distribution agreements; (ii) in its discretion among artists based on an historical earnings and/or proxy formula determined solely by That Pitch; or (iii) based upon the amount the Music Library actually credits That Pitch for your Recordings subsequent to the payment to That Pitch.

Once payment has been credited to your account, you will be able to withdraw money from your account at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals. Any sums that we receive in foreign currency will be converted to U.S. Dollars at either the same rate received by us, or the current spot exchange rate at the time of transaction from store to That Pitch, or from That Pitch to you.

For the avoidance of doubt, your payment is an “all-in” pay-through payment, from which you are solely responsible for paying and accounting to all applicable taxes, tariffs, licensors, songwriters, publishers, artists, producers, mixers, and other third parties (unless you have opted into our optional mechanical licensing service, in which case mechanical royalty payments to songwriters and publishers will be deducted prior to monies being credited to your account). We cannot offer any legal, tax, accounting, or other advice; please consult your own advisors regarding those matters.

b. You understand and acknowledge that Music Libraries may retain for themselves a portion of income that they receive from Customers and may deduct or withhold sums from the amount that they pay to That Pitch. Sums retained or withheld by Music Libraries may include, without limitation, taxes and tariffs, administration fees, royalties or fees paid to third parties, wire transfer fees, and credit card processing fees and chargebacks. That Pitch shall be entitled to rely on payments and accountings received from Music Libraries. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and/or lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you waive any longer statute of limitation that may be permitted by law. You shall have no right to inspect or audit our books and records, or those of Music Libraries.




c. That Pitch makes payments via PayPal and various other methods and may deduct fees incurred by That Pitch in remitting payment. Unless you use PayPal, you MUST BE APPROVED BY That Pitch FOR ALL OTHER PAYMENT METHODS BEFORE RECEIVING PAYMENT FROM That Pitch. IT IS YOUR RESPONSIBILITY TO MAKE SURE YOUR PAYMENT METHOD IS FUNCTIONAL. During the Term, we may change or add additional payment methods. That Pitch also communicates with you via email so YOU ALSO MUST PROVIDE That Pitch WITH AN ACTIVE EMAIL ACCOUNT TO RECEIVE IMPORTANT NOTICES FROM That Pitch, and you are responsible for making sure the email account is active, able to receive emails from That Pitch, and that your email address on file with That Pitch is up-to-date.




d. After we receive a payment for you from a Music Library, you will be able to withdraw it from your account. You must then affirmatively accept and withdraw the payment from your That Pitch account in order for us to transmit the royalties to you. We may also make available to you via your user dashboard a portion of accounting statements that we receive from your selected Music Libraries for the applicable period. We may redact those statements for any confidential information or information related to third parties. If your account is maintained on behalf of a group, company, partnership, or anything other than you alone, then you shall be responsible for paying anyone else. We will only make payments to the individual account holder.

e. If required by applicable law, we may withhold payments to you, in whole or in part, pending receipt of your correctly completed Form W-9 (if you are a US resident for tax purposes), Form W-8 (if you are a non-US resident for tax purposes), updated [annually / at our request], or any other applicable tax-related forms evidencing that no withholding is required. If any information provided on such tax forms is incomplete, incorrect or misrepresented, we reserve the right to withhold sums due to you until all appropriate and correct information is submitted to and received by us that relieve withholding. We also reserve the right to withhold sums due to you if, based on appropriate and correct information that is timely submitted to and received by us, withholding is required under applicable law. You agree to indemnify us and you will be responsible for any costs, expenses and liabilities we may pay or incur as a result of any incorrect, inaccurate or misrepresented tax or financial information provided by you.

f. If we receive a claim or notice or otherwise reasonably suspect that any of your Recordings or Materials or your use of our Site or Service breaches any agreement, infringes any third party rights, violates this Agreement or any law, rule or regulation, that there is a dispute regarding the Recordings or Materials (including without limitation as to ownership or payment of monies), or that your activities involve misrepresentation, misconduct, deception, fraud, or other inappropriate conduct, then in addition to any other available rights and remedies, we may suspend or terminate the distribution of your Recordings and/or the Term of this Agreement and/or withhold payment of monies to you in an amount reasonably attributable in our discretion to such Recording(s), Material and activity until and unless any and all claims or other conduct are favorably resolved to our reasonable satisfaction, and we may deduct from your payments our related attorneys' fees and legal costs in connection. You will forfeit any monies that are attributable to your fraud, infringement or other illegal activity.

g. For the avoidance of doubt, this paragraph 7 shall not apply to you if you are only a client of Cleared™ (clearedmusic.io) and not the Service generally.




8. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

a. You represent and warrant to That Pitch that: (i) you are at least 18 years of age and have the legal capacity, right and authority to enter into this Agreement; (ii) you own or are otherwise fully vested of the necessary copyrights and other rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by That Pitch, Music Libraries, and our and their respective permitted successors and assigns shall not violate or infringe any applicable law, rule or regulation or the rights of any third party; (iii) you have secured all third-party grants of rights, consents, licenses and permissions necessary, including without limitation mechanical, synchronization and any other licenses from copyright owners or proprietors, to grant all rights and licenses and otherwise fully perform all obligations hereunder, and shall make all payments and otherwise comply with all of your obligations under this Agreement; (iv) your Recordings and Materials, including, without limitation, all visual content embodied in your audio-visual Recordings, do not and will not, and the authorized use thereof by That Pitch, Music Libraries and their Customers shall not, infringe any copyright, trademark or other intellectual property or other rights (including without limitation rights of publicity, privacy or moral rights), of any third party, or violate any applicable treaty, statute, law, order, rule or regulation; (v) the files containing the Recordings and Materials that you upload or otherwise provide to us do not and will not contain any bugs, viruses, trojan horses or other defects or harmful elements or digital rights management restrictions; (vi) there are no actual or threatened claims, litigation, administrative proceedings or other actions regarding any Recordings or Materials or otherwise adverse to full exploitation of all rights and licenses granted hereunder; (vii) all data, metadata, and information provided by you under or in connection with this Agreement is and will be true, accurate and complete, and you agree to update the same promptly as necessary during the Term; (viii) you will make, and That Pitch will not be responsible for, any payments other than those specified in paragraph 7.a above in connection with the Recordings and Materials; (ix) you will use the Site and Service only in accordance with this Agreement and not for any fraudulent, infringing or inappropriate purposes; (x) any sale, assignment, transfer, mortgage or other grant of rights in or to your interest in any of the Recordings or Materials shall be subject to our rights hereunder and the terms and conditions hereof; (xi) there is no existing agreement, and you will not enter into any agreement or perform any act, which materially interferes or is inconsistent with the rights granted to us hereunder; (xii) you covenant and agree not make any claim or bring any legal action related to this Agreement, against any Music Library or UGC Service so long as such entities are not in violation of the rights you have granted to That Pitch hereunder; and (xiii) you have read and understand this Agreement and have had the opportunity to consult with independent legal counsel in connection with them.

b. You shall indemnify and hold harmless, and upon our request, defend, That Pitch and our affiliates, sublicensees (including your selected Music Libraries and their Customers), successors and assigns, and the respective directors, officers, shareholders, members, managers, employees, agents and representatives of the foregoing, from and against any and all claims, suits, proceedings, disputes, controversies, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees and costs) resulting from: (i) a breach or alleged breach of any of your warranties, representations, covenants or obligations under this Agreement; (ii) any claim that the Recordings, Materials, data or information provided or authorized by you or on your behalf hereunder or the use thereof by That Pitch, a Music Library, or an ID Service (if applicable) violates or infringes the rights of another party; or (iii) any other act or omission by you or any of your licensors, agents or representatives. You will promptly reimburse That Pitch and any other indemnified parties on demand for any amounts subject to indemnification. We shall notify you of any such claim and shall control the defense thereof, though you may participate in such defense at your own expense. You may not settle any claim for which we may be liable without our prior written consent, which we will not withhold unreasonably. If any facts, claims, proceedings or other circumstances arise that would be subject to indemnification, then That Pitch, in addition to any other right or remedy, shall have the right to withhold from any payments otherwise due to you an amount reasonably related thereto until the claim, proceeding or circumstance has been finally resolved, settled or fully adjudicated and the judgment satisfied, or that the statute of limitations on such claim has run, or when you have provided reasonable and adequate security for the claim. That Pitch reserves the right to charge you (or deduct from monies payable to you) for any legal fees incurred by That Pitch as a result of your violation of this Agreement.

9. NO WARRANTIES; LIMITATION OF LIABILITY

a. THE SITE AND SERVICE (INCLUDING CLEARED™ (CLEAREDMUSIC.IO) ARE OFFERED AND PROVIDED TO YOU AS-IS. THAT PITCH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION AS TO THE AMOUNT OF INCOME THAT MAY BE EARNED BY OR PAYABLE TO YOU HEREUNDER, OR AS TO THE CONDITION, QUALITY, CONTINUITY OF OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF OUR SITE OR SERVICE. WE DO NOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. ADDITIONALLY, IN CONNECTION WITH CLEARED™ (CLEAREDMUSIC.IO), THAT PITCH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THAT ALL MUSIC SERVICES AND STREAMING SERVICES WILL CROSS-REFERENCE THEIR MUSIC LIBRARIES AND UPLOADS WITH THE CLEARED™ (CLEAREDMUSIC.IO) DATABASE OR THAT OF ANY ID SERVICE, OR THAT SO-CALLED “FINGERPRINT” TECHNOLOGY WILL IDENTIFY ALL UNAUTHORIZED UPLOADS OF CONTENT ON ANY SERVICE OR PLATFORM.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THAT PITCH NOR ANY OF ITS AFFILIATES, EMPLOYEES, OWNERS, EMPLOYEES, REPRESENTATIVES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOST SALES, LOSS OF DATA OR LOSS OF GOODWILL, FOR ANY ACTS OR OMISSIONS OF MUSIC LIBRARIES OR THEIR CUSTOMERS, ID SERVICES, OR FOR YOUR USE OF OR ACCESS TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL That Pitch'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE SUMS ACTUALLY DUE TO YOU IN ACCORDANCE WITH PARAGRAPH 7.a ABOVE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THAT PITCH AND YOU.

10. MISCELLANEOUS

a. This Agreement, together with the Privacy Policy applicable to our Site generally, contains the parties' entire understanding and supersedes any prior or contemporaneous correspondence, agreements or understandings regarding the subject matter herein. We may amend the terms of this Agreement from time to time, in which case we will notify you by changing the date at the top of this Agreement (so please be sure to check back often) and/or via e-mail or by notice to your dashboard on the Site. You must terminate your account if you do not agree to the revised Agreement; your continued use of the Site or Service (including Cleared™ (clearedmusic.io) will be deemed your acceptance.

b. A party's waiver of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement. If any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms, such determination shall not affect any other provision hereof, and the unenforceable provision shall be limited solely as necessary or replaced by an enforceable provision that most closely meets the commercial intent of the parties.

c. That Pitch will not be liable for a curable breach of this Agreement unless you provide us with written notice specifying the alleged breach that we confirm receipt of, and we fail to cure such breach within ninety (90) days thereafter.

d. We may direct all notices and communications to you via the email address or street address associated with your account and/or via your dashboard account on the Site. All notices to That Pitch shall be sent to us at legal@thatpitch.com.

e. You may not assign, transfer or delegate any of your rights or obligations hereunder without our prior written consent, and any purported attempt otherwise will be null and void ab initio. We may assign, delegate, pledge, encumber, sublicense and otherwise transfer, this Agreement and/or any or all of our rights and obligations in order to operate the Service and Site. This Agreement will be binding on and inure to the benefit of the parties and their respective assigns and successors in interest.

f. We reserve the right to modify, discontinue or terminate the Service (including Cleared™ (clearedmusic.io) at any time and without prior notice. We are under no obligation to provide the Service (including Cleared™ (clearedmusic.io) continuously, or at all.

g. The relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other's agent, partner, employee, or representative.

h. This Agreement shall be construed and enforced exclusively in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles. Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall be brought only in a state or federal court of competent jurisdiction located in Mecklenburg County, North Carolina, and the parties irrevocably consent to the in personam jurisdiction and venue of said courts. You agree that service of process by us to you by one of the methods designated above for the giving of notices will be deemed effective as personal service within Mecklenburg Country, and hereby consent to service of process by such methods.




Exclusive Recordings Addendum

1. Understanding Copyright Assignment

In the event that you upload a recording to an exclusive library and it is accepted, you will be provided with a contract specifically pertaining to that recording, which you are required to execute. Upon execution of this contract, a permanent and partial assignment of ownership over the copyright of the specified recording shall take effect. This assignment constitutes a legal and irrevocable transfer of the assigned portion of the copyright, hereinafter referred to as a "Copyright Assignment," and cannot be rescinded.

Each exclusive recording shall be administered and registered to ensure the appropriate allocation of all respective royalties to you, the original creator of the music. By executing the contract, you hereby acknowledge and agree to the irrevocable nature of this Copyright Assignment and irrevocably waive any rights to reverse or modify the transfer of ownership for the specific recording. This provision ensures that the exclusive library possesses the requisite rights to fully exploit and administer the recording in accordance with the terms and conditions set forth in the exclusive agreement.

This process is conducted on a case-by-case basis for each individual recording and should not be confused with the uploading of music on a non-exclusive basis. Non-exclusive uploads do not involve any transfer of copyright ownership and are governed by the standard Distribution Agreement. This addendum serves as a supplementary provision.

2. Execution of Copyright Assignments

For each exclusive recording, you will be sent a contract via email and in-app notifications. This contract will be provided through a third-party service, such as Dropbox Forms. You are required to execute this contract to finalize the copyright assignment process.

In the event that you fail to execute the contract, you acknowledge and agree that we may restrict your access to this feature and notify our library network to prevent the acceptance of your music through other channels, as such failure may pose risks and cause complications for the libraries.

3. Rights Granted

By executing the copyright assignment contract, you are granting the music library perpetual, unlimited rights to license the recording to any party, worldwide, in perpetuity. This includes, but is not limited to, the rights to reproduce, distribute, perform, display, and create derivative works from the recording. Once the assignment is signed, the music library has full control and authority over the licensing arrangements, and you relinquish any ability to influence or prevent any licensing deals.

4. Term

The term of the copyright assignment is perpetual. Once the copyright assignment is executed, the transfer of ownership is permanent and will endure indefinitely.




Cleared™ (clearedmusic.io) Addendum

By signing up for That Pitch, in addition to your agreement to the applicable portions of the above Agreement, you further agree as follows:

1. Using Cleared™ (clearedmusic.io)

The Cleared™ (clearedmusic.io) service (“Cleared™ (clearedmusic.io)”) enables you to upload Recordings to our servers in order for us (through our proprietary technology or via our third party service audd.io to generate acoustic fingerprints of your Recordings (“Fingerprints”) and submit same to our partnered third party audio identification services (“ID Services”) with a request to block unauthorized uploads of such Recordings. Please note that by uploading Recordings to Cleared™ (clearedmusic.io), you authorize us to request that such ID Services block any third party uploads of Recordings. We may also make the Fingerprints (but not the audio versions of Recordings) available to third party music services so that they can use Fingerprints to detect, and block, potential unauthorized uploads and releases of your Recordings on such services.

In order for us to provide Cleared™ (clearedmusic.io), you agree that That Pitch may transmit, upload, register and maintain Recordings and Fingerprints provided by you or created by us through the Cleared™ (clearedmusic.io).

We currently accept Recordings in WAV and MP3 formats in connection with Cleared™ (clearedmusic.io). When you upload Recordings to Cleared™ (clearedmusic.io), you may have the option to provide us with additional information, such as artist name and song title. This information is not necessary for us to provide Cleared™ (clearedmusic.io), but if you provide this information, it may be sent to ID services and this information may become public.By using Cleared™ (clearedmusic.io), you agree that your Recordings and the associated Fingerprints may be registered with ID Services, which may include, without limitation, YouTube ContentID (https://en.wikipedia.org/wiki/Content_ID_(algorithm)), in order to include such Fingerprints as part of ID Services' databases. As these ID Services are governed by their own terms and conditions, you warrant that you have read, understand, and agree to be bound by all of the terms and conditions of such ID Services. You acknowledge and agree that because we may have no control over such third party ID Services, we are not responsible for the availability of the ID Services, and do not endorse or warrant the accuracy of any ID Services, and shall in no way be liable or responsible for any content, advertising, products, or materials on or available from such ID Services. You further acknowledge and agree that we shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such ID Services.

That Pitch reserves the right to accept or reject any Recordings uploaded to Cleared™ (clearedmusic.io) in That Pitch’s sole discretion, and That Pitch shall not be required to create a Fingerprint of any Recording or register any Recording with ID Services by reason of such Recording being uploaded to the Cleared™ (clearedmusic.io).

2. Rights

In connection with Cleared™ (clearedmusic.io), That Pitch, or That Pitch’s authorized designee, shall use Recordings solely for the purpose of generating Fingerprints. That Pitch shall be responsible for ensuring that its authorized designees comply with the applicable portions of these Terms when using the Recordings. As between you and That Pitch, you retain all right, title and interest in and to the Recordings. Except as may be expressly set forth herein, or if you are also a user of the That Pitch Service, no rights therein are licensed, transferred or assigned to That Pitch. For the avoidance of doubt, this paragraph shall in no way limit That Pitch’s rights under the Agreement as same applies to your registration and use of the That Pitch Service. As between you and That Pitch, That Pitch retains all right, title and interest in and to the Fingerprints as well as Cleared™ (clearedmusic.io), and any related software and technology, including all intellectual property rights that exist therein that may exist. Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, nontransferable, and non-assignable license to use Cleared™ (clearedmusic.io).

3. Term and Termination

Your agreement to this Agreement commences on the Effective Date and will continue unless and until terminated by either party in accordance with the Agreement. Upon the termination of the Agreement, That Pitch will no longer use Recordings provided by you pursuant to this Agreement to generate Fingerprints for Cleared™ (clearedmusic.io), however, any Fingerprints created and registered prior to termination will remain registered with Cleared™ (clearedmusic.io) and the ID Services.