Portal Terms of Use



Last Updated: April 11, 2022

Welcome to The Mechanical Licensing Collective (“The MLC,” “we,” “us,” or “our”) portal (“Portal”), which allows Members and Users (as respectively defined below) (collectively, “you”) to register Musical Works and to receive mechanical royalties as required under the Music Modernization Act. These Portal Terms of Use specifically govern your access and use of the Portal located at portal.themlc.com/sign-up.

The MLC Privacy Policy, Website Terms of Use, and any other policies or rules concerning your use of the Portal are available on our website and are incorporated into these Portal Terms of Use (the “Portal Terms”). Before using the Portal, please read these Portal Terms carefully. By accessing our services and features on the website, browsing, using, and/or registering in the Portal, you (or any entity on whose behalf you are acting) acknowledge that you have read, understand, and agree to be bound by these Portal Terms.

1. Definitions

(a) “Member” means the payable entity (e.g., an individual or corporate entity) registered at The MLC.

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

(i) “Super User(s)” is an individual with access to finance and copyright information. A Super User is authorized to grant access to other Users.

(ii) “Finance User(s)” is an individual with access to financial information for a Member account, including the ability to view and update bank, tax, and statement information.

(iii) “Copyright User(s)” is an individual with access to all copyright information (i.e., information in connection with a Member’s catalog of musical work(s), including ownership, writer, and sound recording information) for a Member account, including the ability to review and revise such copyright information.

2. Children

The Portal is not intended for individuals under the age of thirteen, and such individuals are expressly prohibited from engaging in any aspect of the Portal. We never knowingly request or solicit information from anyone under the age of thirteen without verifiable parental consent. While individuals under the age of eighteen, but in no event younger than age thirteen, may utilize the Portal, they must do so only with the consent of their parent or legal guardian, and otherwise subject to these Portal Terms. In the event that we receive actual knowledge that we have collected information of anyone under the age of thirteen or under the age of majority in an applicable jurisdiction without requisite and verifiable parental consent, we will delete that information. If you are under the age of eighteen but want to become a Member of The MLC, please contact our Support Team here for the required parental consents.

3. Portal Account Registration

The Portal permits Users to (1) create new Member accounts and update existing User account profiles; (2) access permitted areas of the Portal; and (3) register additional User accounts and configure permissions for Users.

  1. Initial Portal Access. To access the Portal, a person must first sign up as a User. To create a Portal User account, a person must provide a unique username and password and certain additional information, which may include, without limitation, legal name, email address, date of birth, contact information. Once the requested information is confirmed, an active User account will be created, which will allow the User to create a Member account.
  2. Creating Member Accounts. To create a Member account, the User will be asked to provide information relating to a Member, which may include, without limitation, contact information, payment and tax information, U.S. performing rights organization affiliation and Interested Parties Information/Composer, Author and Publisher Number (IPI/CAE number). Once the requested information is confirmed, the individual or organization will be considered a Member of the MLC and applicable Users (described in detail above) will have access to the Member account.
User Representations and Warranties. As a User, you represent and warrant that you have the full right, power, and authority to create, access, maintain, and/or use a Member account and to perform the acts required to comply with these Portal Terms. As a User, you further represent and warrant that all account information, including but not limited to financial and copyright information, is complete, truthful, and correct. All Users agree to maintain and update the accuracy of such information whenever necessary or as verifiably requested by The MLC. You grant to us and to all other persons and entities involved in the operation of the Portal the right to use, store, monitor, retrieve, and transmit your account information in connection with the operation of the Portal and as otherwise provided herein. As noted above, you agree that all information you provide to register with this Portal is governed by our Privacy Policy, which is incorporated into these Portal Terms by reference for all purposes.

4. Musical Work Registrations

The Portal allows Users to register and maintain copyright information relating to musical works (and shares of such works) owned or controlled by a Member. More specifically, the Music Modernization Act states that the compulsory blanket license granted is to “make and distribute phonorecords of a nondramatic musical work, including by means of digital phonorecord delivery.” Nonmusical works, including but not limited to spoken word (e.g., comedy routines, speeches, talks) and nature sounds (e.g., recordings of waves, rain, running rivers) may be subject to copyright protection as a work other than a musical work, and should not be registered.

5. Portal Account Information

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

In addition to the third parties set forth in the Privacy Policy, we may share your personal data with third party processors for payment processing services in order to process and distribute royalty payments through the Portal. As stated in The MLC Privacy Policy, we use reasonable safeguards to protect your personal data.

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

6. User and Member Obligations

Users

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

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

Members

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

Without limiting the generality of the foregoing, Members shall be responsible for all acts and omissions of any Users that have access to their Member Portal account(s). Any act or omission by any User that would constitute a breach of these Portal Terms will be deemed a breach of these Portal Terms by Member. Members are solely responsible for all information provided to The MLC via their Portal account(s) or otherwise on their behalf and for all activities that occur using any login information associated with their Member account(s).

Members shall be responsible for:

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

    7. Portal Account Password

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

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your username or password), you agree to immediately notify The MLC by any of the methods described here. You then agree to report this incident to all of your account issuers (e.g., banks or any applicable financial institutions) as well as your local law enforcement agency.

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

8. Intellectual Property

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

9. Royalty Payments
  • Direct Deposits. If you select the direct deposit option for your royalty payments, you authorize The MLC to electronically deposit these payments to the financial institution of your choosing. You acknowledge that by receiving electronic deposits into this bank account, you have the right to collect such royalties at the time of payment. You also acknowledge that your financial institution must comply with all applicable U.S. laws. You understand that authorization for direct deposit may take up to ten (10) days to go into effect and that once in effect, it will remain in effect for all royalty distributions made by The MLC after this authorization takes effect. You may cancel your authorization for direct deposit in writing by sending a letter requesting cancellation signed by a duly authorized person by mail to: The MLC, Attn: Direct Deposits, 333 11th Avenue South, Suite 200, Nashville, TN 37203 or by contacting Support here. We will endeavor to comply with your request as soon as reasonably practicable. In the event that The MLC deposits money in your bank account that you are not entitled to, you authorize The MLC to: (1) direct the financial institution to debit that account and return money; or (2) withhold the funds from your future royalty payments until the full amount is returned to The MLC. You understand and agree that The MLC will have no liability of any kind arising out of, or in connection with, any deposits made pursuant to this authorization. If you make or verify a royalty claim that is false or incorrect, you may be subject to liability. By accepting your royalty claim, The MLC does not waive its or anyone else’s rights and remedies, legal and equitable, including but not limited to the right to recover damages incurred by virtue of your claim being false or incorrect, and claims for other relief are expressly retained.
Missing, Lost, or Expired Checks. The MLC checks are valid for six (6) months from the date of issuance. If your royalty payment check is ever damaged, lost, or expired, please contact us at (615) 488-3653 or https://portal.themlc.com/contact-us.

10. Service Testing

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

11. Disclaimer of Warranties

THE MLC PROVIDES THE PORTAL “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE MLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE RELATING TO THIS PORTAL. THE MLC DOES NOT WARRANT THAT YOUR USE OF THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PORTAL OR THE SERVER(S) ON WHICH THE PORTAL IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL EQUIPMENT NEEDED TO ACCESS AND USE THE PORTAL AND ALL CHARGES RELATED TO THE USE OF THE PORTAL. YOU ASSUME ALL RESPONSIBILITY AND RISKS IN CONNECITON WITH YOUR USE OF THE PORTAL.

IF YOU BECOME AWARE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR LOSS OF YOUR ACCOUNT CREDENTIALS, OR IF YOU SUSPECT A SECURITY BREACH, IN ADDITION TO THE STEPS OUTLINED IN SECTION 4 HEREIN, PLEASE NOTIFY US IMMEDIATELY BY CONTACTING SUPPORT HERE.

DATA CONTAINED IN THE PORTAL HAS BEEN PROVIDED TO THE MLC BY MEMBERS. THE MLC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE DATA MADE AVAILABLE. THE MLC SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY ON THE PART OF ANY PARTY FOR ANY LOSS OR DAMAGES WHICH MAY BE INCURRED, DIRECTLY OR INDIRECTLY, AS A RESULT OF THE USE OF THE INFORMATION IN THE PORTAL, OR FOR ANY OMISSIONS OR ERRORS CONTAINED IN THE PORTAL.

12. Limitation on Liability

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

13. Indemnification

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

14. Portal Account Suspension or Termination

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

Pursuant to its statutory mandate, The MLC will process and distribute royalty payments to Members even if a User’s access to the Portal is suspended or terminated.

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

15. Geographic Restrictions

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

16. Governing Law

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

17. Modification of the Portal Terms

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

18. Contact Information

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

The MLC

Attn: Portal Terms

333 11th Avenue South

Suite 200

Nashville, TN 37203

legal@themlc.com