SoundVault

Terms & Conditions

Version 1.2 (16th September 2019)

GENERAL CONDITIONS OF USE

These General Terms and Conditions ("Terms and Conditions") applies to the use of www.soundvault.tv or www.soundvault.co.uk (“the Websites”) including the SoundVault's online music catalogue service (the "Service"), any software applications or access to any content or material made available by SoundVault Ltd (“SoundVault”). When visiting the Websites these Terms and Conditions, our Cookie Policy and our Privacy Policy applies to your use. If you do not want to be bound by the above mentioned terms, please do not visit these websites and do not use our Service.

Please note that any and all use of the music provided within the Service will be subject to a separate music license agreement (either between you and SoundVault or between SoundVault and one of our partners that allows you to use the music) which regulates your right to use the music. The Service is provided by SoundVault Ltd.

Registered company no. (England & Wales): 6602618. VAT reg. no: 934625710
Registered Office: 50 Brooke Avenue, Harrow, HA2 0NF, UK

By visiting the websites and using the Service, you acknowledge that you have read and understood and agree to be bound by these Terms and Conditions and therein referred to documents. Any translation of these Terms and Conditions from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one.

MODIFICATIONS TO WEBSITES AND SERVICES

SoundVault reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Websites and/or the Service following any such changes shall be treated as an acceptance by you of such changes. Such modification enters into force when published on the websites or communicated to you in any other appropriate manner. An indication that changes have been made to these Terms and Conditions will be identifiable by a change in the date at the top of this page. SoundVault reserves the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Websites and/or the Services including without limitation the content.

THE SERVICE

The Service is an online music catalogue service, by which SoundVault makes available digital music files for the purpose to be used in audiovisual productions and/or other productions, under these terms and conditions and the applicable music licence agreement, subject to securing all necessary licenses for such use, which are available online and are governed by our User Licensing Agreement.

The Service is available for entities and persons that have registered and created user accounts to the Service.

You must be 18 (eighteen) years of age or over to create an account. By creating an account you confirm that you are legally capable of entering into binding contracts.

The assortment of content may be amended at all times by SoundVault, with or without any notice to you. You accept that the content that is available might not be available at a later stage.

Content types and descriptions, such as genres, categories etc. are provided by our music partners for your convenience only and SoundVault does not guarantee their accuracy.

You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more requests to SoundVault or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.

You agree to only download Content in accordance with the restrictions applicable to your account.

HOW TO ACCESS THE SERVICE AND YOUR ACCOUNT

In order to use the Service you must create a personal account and register as a user by following the instructions that are further specified in the registration form. Your account will contain basic account information including username and password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address and SoundVault reserves the right to test and to verify this at any time. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.

You must notify SoundVault immediately of any breach of security or unauthorized use of your SoundVault account that you become aware of.

You agree that you will be solely responsible for all activity that occurs under your SoundVault account.

ACCEPTABLE USE

You agree that you will only use the Websites and the Service in accordance with the purpose prescribed by SoundVault and you warrant that you will not use the Websites and the Service in any way which infringes the copyright, trademark, patent or other proprietary rights of any party.

The streaming audio samples are available for listening only. You may not modify, copy, reproduce, republish, download, transmit or distribute them in any way.

VOID WHERE PROHIBITED

Although the Websites are accessible worldwide, not all products or services discussed or referenced in the Websites are available to all persons or in all geographic locations. SoundVault reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Service made available on the Websites is void where prohibited.

You represent and warrant that you have the legal right to access the Websites and use of the Service available thereon, and that such access and use shall not violate any laws in the jurisdiction from which you access the Websites or use the Service.

TERM AND TERMINATION

This agreement will continue to be in force until terminated by you or SoundVault.

SoundVault shall have the right to terminate your access as a registered user of the Websites and the Services without notice at any time, for any reason, including without limitation the breach by you of any of these Terms and Conditions. You agree that SoundVault shall not be liable to you or any third party for any termination of your access to the Websites or the Services including the suspension or discontinuance of the Websites and the Service.

LINKS TO THIRD PARTY WEBSITES

The Websites do include links to websites that are controlled by third parties. You acknowledge and agree that SoundVault is not responsible for the content and availability of any such websites. These third party applications may have their own terms and conditions of use etc., and your use of these third party applications will therefore be subject to the applicable terms and conditions for such third party provider. SoundVault is not responsible or liable for behaviour, content or features of any third party application.

USER INFORMATION

Where in the course of using the Websites you are asked to provide any information our use of such information is governed by our Privacy Policy which we urge you to read.

INTELLECTUAL PROPERTY

SoundVault acts as an agent for and on behalf of each music partner, who own and/or control all copyright in the music recordings and any and all underlying rights in respect thereof (including but not limited to copyright in the music and lyrics). Details of copyright ownership may be found in the music track information in your completed cue sheet.

INTELLECTUAL PROPERTY RIGHTS

You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and Conditions and under the applicable music license agreement.

All content available through the Service and on the Websites, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of SoundVault or are included with the permission of the relevant owner. Images, trademarks and brands displayed on the Websites are protected by copyright, trademark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner.

Except for the rights expressly granted to you in the applicable music license agreement and in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by SoundVault.

SoundVault do not under any circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content.

Please note that you may not use the Content in connection with other material that is defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the Content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the Content.

All uses of music downloaded from the Websites and the Service must be licensed and paid for in accordance to our User Licensing Agreement. All rights of the owners of the Music Recordings, musical compositions and performers in respect of the content on the Websites and the Services are reserved.

Public performance, broadcast and all other communication to the public of the production or recording may only be made pursuant to a separate payment being made to the relevant performing right society.

INDEMNITY

All recordings on the SoundVault Websites are provided by verified music partners. The music partners represent, that it shall and agrees, warrants and undertakes to:

• Ensure it is the owner of and/or controls all copyright in the music recordings and any and all underlying rights in respect thereof (including but not limited to copyright in the music and lyrics);
• Acquire all performer's consents required to allow SoundVault to offer and license the music supplied via the SoundVault Websites.

SoundVault endeavours to verify the authenticity of the music recordings hosted on the SoundVault Websites. You agree however, that SoundVault will not be liable for any direct, indirect or consequential loss or damages whatsoever resulting from copyright infringement.

You agree to indemnify SoundVault from and against all costs, claims, demands, proceedings and damages including its own reasonable legal costs which are incurred by it howsoever arising in respect of any breach by you of these Terms and Conditions and from and against any claim or demand brought against SoundVault by any third party arising out of your use of the Websites and the Service.

SERVICE LEVEL

SoundVault will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.

SoundVault is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond SoundVault's control.

SoundVault will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. SoundVault will try to arrange updates and maintenance outside of peak usage hours.

SoundVault reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and SoundVault shall have no liability to you if SoundVault exercises such rights.

DISCLAIMERS AND LIMITATION OF LIABILITY

To the extent permitted by law SoundVault will not be responsible or liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by you arising out of or in connection with the use of the Websites and the Service. Use by you of the Websites and the Service is at your own risk. The Websites and the Services are provided on an "as is" and "as available" basis without any representation or warranty of any kind whether express or implied including but not limited to any warranty as to content and accuracy of information, usefulness, title, non-infringement, fitness for a particular purpose or that the Websites and the Services will meet your requirements. Further, no warranty is given by SoundVault that the functionality of the Websites and the Services will be uninterrupted or error free, that defects will be corrected or that the Websites and the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. If you are dissatisfied with the Websites or the Services your sole remedy is to cease using them. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of SoundVault for death or personal injury as a result of the negligence of SoundVault.

SOFTWARE AND SECURITY

We are not responsible for any technical or other issues that may arise if you download software from an external third party Websites (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.

DAMAGE TO YOUR COMPUTER

SoundVault takes reasonable steps to ensure that the Websites are free from viruses or defects. However we cannot guarantee that your use of the Websites won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Websites and screen out anything that may damage it. SoundVault shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using the Websites.

GOVERNING LAW

These Terms and Conditions shall be construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

ASSIGNMENT

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction and validity of the remaining terms will be unaffected. If either party does not exercise a right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived

Contact

If you have any queries concerning any part of these Terms and Conditions please contact us via the following email address: [javascript protected email address]

SoundVault Ltd. Registered company no. (England & Wales): 6602618. VAT reg. no: 934625710
Registered Office: 50 Brooke Avenue, Harrow, HA2 0NF, UK