Terms and Conditions

Our terms

WEBSITE TERMS AND CONDITIONS

 

The following Ts & Cs represent an Agreement between the You and Us apply to the use of the Website howsoever accessed, and by accessing the Website You agree to be bound by such Ts & Cs. If You do not agree to be bound by such Ts & Cs You may not use or access the Website.

If You have any questions about these Ts & Cs please contact us and we will be happy to assist You.

  1. Definitions

 Catalogue” means the catalogue of sound recording(s) which forms part of the Website and which is available for licensing by You;

 “Content” means all video (including any sound recordings and musical compositions included therein), audio sound recordings and the musical compositions embodied therein, artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials and all copyrightable or otherwise legally protectable elements of the Website, including without limitation the design, selection, sequence, layout and arrangement of the Website, aesthetic, colour palette and any copyright, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property rights contained on the Website;

 “Interactive Comments” has the meaning given to that term in Clause 8;

 “Privacy Policy” means the document setting out Our policies relating to the use by Us of personal information, data and other analogous concepts which You provide to Us as part of Your use of the Website;

 “Profile” has the meaning given to that term in Clause 3;

 “Related Parties” means Our directors, employees, officers, employees, representatives, agents, licensors, advertisers, suppliers, vendors and service providers;

 “Registered User” means a user of the Website who has created a Profile by selecting a unique username and password;

 “Terms of License” means the document setting out the various license terms, and scopes of those licenses, which are available to purchase in respect of any sound recording contained in the Catalogue;

Ts & Cs” means these terms and conditions;

 “Us” means The Sound Shop Limited and its permitted successors and assignees, and “Our” and “We” shall be construed accordingly;

 “Website” means www.thesoundshop.com, or any other url that may replace it from time to time, and includes all Content contained on the Website;

 “You” means any person, organisation and/or entity that uses or accesses the Website and/or licenses sound recording(s) from Our Catalogue, and “Your” shall be construed accordingly.

 2. Eligibility

 The Website is for use by persons who are 18 or over. The Website is not for use by persons who are under 18. If You are under 18 and would like to use the Website You must do so with the involvement of Your parent or guardian.

 3. Website Use

Us of the Website is free but certain areas of the Website will be restricted to Registered Users only. For example, You will be able to listen to the Catalogue without being registered, however, You will not be able to license any of the Catalogue without becoming a Registered User.

To become a Registered User, You must create a profile which must contain a unique username and password (a “Profile”). Where You choose to create a Profile, You are responsible for (a) ensuring that the associated username and password remains confidential and (b) for any activity carried out on the Website under the auspices of such Profile, whether such activity is authorised by You or not.

We reserve the right to cancel any Profile and/or Registered User's registration or deny access to and/or use of the Website if We have reason to suspect improper or inappropriate use of the Website, if We have reason to believe that You are not eligible to use the Website, or if We have reason to suspect that a person accessing or using a Profile is not the legitimate and beneficial owner of such Profile.

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

 4. Licensing Our Catalogue

In order to license any sound recording(s) from Our Catalogue you must a) be 18 years old or over, b) have a Profile, c) accurately select the license type which is appropriate for the scope of Your desired use, d) accurately describe the size of your organisation, e) agree to pay the prices and fees applicable to the scope of Your required license. By downloading any sound recording(s) from Our Catalogue You agree to be bound of the terms of this Agreement and the selected license.

If you inaccurately describe the scope of the required license and/or the size of Your organisation we will be entitled to demand immediate payment of an amount which accurately represents the scope of the required license and/or the size of Your organisation and You agree to pay that amount on demand plus any expenses, costs, damages, losses suffered or incurred by Us as a result of such inaccuracies.

5. Payment

In order to license a sound recording from our Catalogue you will be asked to enter your payment details. By completing the payment details you confirm that the credit card, debit card, PayPal account or other method of payment is Yours to use. All fields indicated as compulsory must be completed. Please note that we may collect and store Your information, using an encrypted secure payment mechanism, and will only use Your information in accordance with our Privacy Policy and Cookie Policy.

All card payments are subject to authorisation by your card issuer and we take payment immediately.

6. Type of licenses

The following licenses outline the different scopes of license that we offer to You for purchase:

6.1     Business & Non Profit Organisations

Internal License:

The Internal License grants a business/non-profit a right to use one song in a single video or film (in any territory in the world and without any time limit) provided the video/film is being used by the business/non-profit for internal communications only e.g. internal meetings or presentations, internal training, intranet communications, internal seminars – any circumstance where only employees of the relevant business/non-profit can access the video/film.   Please note: if non-employees can, will or might in the future have access to the video/film then either a Live Event/Trade Show, Internet or All Media License is required by the business/non-profit.

Live Event / Trade Show License:

The Live Event / Trade Show License grants a business/non-profit a right to use one song in a single video or film (in any territory in the world and without any time limit) at an external event including, for example, a trade show display, a sales presentation, an in-store promotion, an organisational conference, an awards show and/or any event at which members of the general public will be present. The Live Event / Trade Show License does not permit the use of the song (or the video/film in which it appears) on the internet – internet use requires an Internet or All Media license, unless the internet hosting is private and password protected and not available to members of the general public.

Internet License:

The Internet License grants a business/non-profit a right to use one song in a single video or film (in any territory in the world and without any time limit) and which is hosted on the internet for streaming and/or downloading. This includes, for example, websites like YouTube, Vimeo, Twitter, Facebook, Instagram, crowdfunding platforms and any live streaming (e.g. Periscope, Meerkat, Facebook Live) wheresoever hosted. The Internet License allows the business/non-profit to promote a product or service as part of a branded content initiative but excludes paid advertising which requires a custom license. If you think you require a custom license please contact us to discuss your needs.

All Media License:

The All Media License combines our Internal, Live Event / Trade Show and Internet Licenses into one license which is subject to the same limitations as the individual licenses. The All Media License does not permit the business/non-profit to use a song as part of a television programme, television radio or paid advertising, any other paid placements or other similar uses. Television or radio advertising requires a Broadcast License. Paid advertising requires a custom license, please contact us to discuss your needs.

All Business Licenses (Internal, Live Event/Trade Show, Internet, All Media):

Please note: (a) each business/non-profit license is scaled by employee count and as such each business' or non-profit’s employee count will be provided prior to each license purchase, and (b) when counting the number of employees in your business/non-profit you should include all employees, in any entity within your corporate group, which are associated with the relevant brand(s) intended to benefit from the licensing activity.

6.2     Film

A Student Film License grants the user a right to use one song in a single film distributed via Internet Streaming as part of an educational program (in any territory in the world and without any time limit). This includes Schools, Universities, Colleges and Online training courses. The Student film license does not include commercial distribution.

A Short Film License grants the user a right to use one song in a single short film (a short film being less than 25 minutes long) being shown at film festivals (permitting inclusion of the film in a festival's online package) or distributed via the internet (permitting streaming and downloads of the film) in any territory in the world and without any time limit.

A Film Festival License grants the user a right to use one song in a single film to be shown at film festival (in any territory in the world and without any time limit). This license also permits the film's inclusion in a film festival's online package and distribution via the internet (permitting streaming and downloads of the film). If the associated film receives distribution an additional license will be required – which will be either an Independent Film License or a custom license.

An Independent Film License grants the user a right to use one song in a single film (in any territory in the world and without any time limit) with a total budget under £200,000. The license allows for usage across all media, such as, DVD/Blu-ray, online streaming and/or download and cinema. Use of the song in any trailer, even those associated with the relevant film, will require a Film Trailer License.

 6.3    YouTube / Personal Use License

A Youtube / Personal Use License grants the user a right to use one song (without time limit and in any territory in the world) in one online video (hosted on sites such as YouTube, Vimeo, Facebook, Twitter, Instagram, SnapChat, Vine) for personal use, entertainment, educational videos, vlogs and non-paid product reviews. This license allows the user to monetise their videos and prevent third party advertising but if the video contains any “paid to promote” product, service or brand the user requires a Business License.

6.4     Wedding / Life Moments

A Wedding / Life Moments License grants the user a right to use one song (without time limit and in any territory in the world) in one event video/film/slideshow for weddings, engagements, birthdays, christenings, bar mitzvahs for streaming/distribution on the internet and in unlimited physical copies.

6.5    TV Show / Radio Production

TV Show / Radio Production Promo License:

A TV Show / Radio Production Promo License grants the user a right to use one song (without time limit and in any territory in the world) in a single television promotion or radio production promotion. A TV Show / Radio Production Promo License includes, but is not limited to, promotions made for television networks and video on demand services, such as Netflix, Amazon and Vimeo as well as local and national radio stations and streaming/distribution on the internet.

TV Show / Radio Production Single Episode License:

A TV Show / Radio Production Single Episode License grants the user a right to use one song (without time limit and in any territory in the world) in a single television or radio production episode. This license includes, but is not limited to, productions made for television networks and video on demand services, such as, Netflix, Amazon and Vimeo as well as local and national radio stations.

TV Show / Radio Production Blanket License:

A TV Show / Radio Production Blanket License grants the user a right to use any number of songs available for download on The Sound Shop in a single television or radio show production. Where the production involves multiple episodes a separate TV Show / Radio Production Blanket License is required for each episode (with multiple songs then capable of use within that episode) – this license does not permit the use of multiple songs across multiple episodes or a season of episodes. If you would like to discuss the terms of a custom license for multiple episodes or a season please get in touch and we will be happy to help.

7. Proprietary Rights

All rights, including copyright and other intellectual property rights, in and to this Website, its Content and the Catalogue are owned by Us.

Except where you license a sound recording as part of Your use of the Website (see the License Terms), Your use of the Website and its contents grants You no rights in relation to our intellectual property rights, or that of third parties, in the Website or its contents.

By submitting information (other than Your personal data), text, photos, graphics or other content to the Website you confirm that You have the right to use the same and grant to us a right to use such materials at Our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.

We respect the intellectual property of third parties, and if You believe that the Website contains elements that infringe Your intellectual property rights, please follow the following process:

Submit written notification of such alleged infringement to hello@thesoundshop.com. This written notification should (a) be signed (electronically or otherwise) by or on behalf of the exclusive intellectual property rights holder; (b) identify the copyrighted work(s) which, it is alleged, has been infringed; (c) identify the sound recording(s) which, it is alleged, infringe said copyrighted work(s); (d) state the contact information of the intellectual property rights holder and/or representative as appropriate; (e) state that You in good faith believe that the identified sound recording(s) infringe upon the copyrighted work(s) in a way that is not authorised by the intellectual property rights holder, the representative or the law; and (f) a statement that the information in the written notification is accurate and that either You are the intellectual rights holder or You are authorised by the relevant intellectual property rights holder to act on their behalf.

 8. User Comments

The Website may provide You with an opportunity to post comments, music, images, gifs, photographs and other visual means of representation and communication (“Interactive Comments”).

In the interests of disclosure and safety We require all Interactive Comments to be linked to a Profile, and so to be able to post any Interactive Comments You need to become a Registered User. You may be asked to provide additional information before you are able to submit Your Interactive Comment.

Any Interactive Comment is the sole responsibility of the Registered User and We do not accept any responsibility whatsoever for the content of any Interactive Comment. However, if We deem any Interactive Comment to be private information about an individual, offensive, inappropriate, illegal, sexual, defamatory, misleading, spam, advertising, a third party brand or trademark, HTML code, computer script or website URLs, in our sole discretion, We reserve the right to delete such Interactive Comment from the Website.

9. Personal Information & Privacy

In the course of Your use of the Website, you may be asked to provide certain personal information to us. We respect Your privacy and the use and protection of Your personal information and We keep all personal information confidential. Our information collection and use policies regarding personal information are set out in the Privacy Policy, which is incorporated herein by reference.

You agree and acknowledge that You are responsible for the accuracy and content of Your personal information.

10. Indemnity

You agree to indemnify Us and the Related Parties against all liabilities, costs, expenses, damages and losses (including reasonable legal costs) suffered or incurred by Us and the Related Parties arising out of or in connection with your use of the Website, a breach of these Ts & Cs or any of Your Interactive Comments.

11. Exclusion of Liability

We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent possible by law.

We accept no liability for any losses, damages, costs and/or expenses which do not arise as a natural and reasonably foreseeable consequence of our breach of these Ts & Cs or Your use of the Website.

12. Third Party Rights

Only You will be able to enforce these Ts & Cs. No third party shall be entitled to enforce any of these Ts & Cs, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

13. Waiver

If You breach the terms of these Ts & Cs and we do not take action, We will still be entitled to use our rights and remedies in any other situation where you breach these Ts & Cs.

14. Amendment

We may change these Ts & Cs at any time by notifying you by e-mail or posting the change on the Website at least 28 days before the change is implemented, except that where the change is required for security reasons, data protection, for reasons relating to fraud or any suspected criminal behaviour, we can change the Ts & Cs without notice. If You use or access the Website after any amendment has been implemented You agree to be bound by the Ts & Cs, as amended.

15. Governing Law

These Ts & Cs, Your use or access of the Website and/or any dispute or claim arising out of or in connection with the same (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16. Jurisdiction

You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Ts & Cs and/or Your use of the Website (including non-contractual disputes or claims).

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