Terms and Conditions
Welcome to http://www.fetch-music.com; the portal to the following website: www.fetch-music.com, called “the Website”. The Website is a Music Consultancy site owned and operated by Fetch Music that allows members to browse, audition and download audio and video content for the purposes of synchronization licensing only.
Definitions
In these terms and conditions, the following are defined terms:
“Material” means inter alia any text, files, images, written commentary, articles, essays, stories, poems, literature, information, blogs, audio and/or visual data (including video, sounds, musical works, and/or songs, moving imagery, etc), pictorial depictions of any nature, including photographs, pictures, drawings, sketches, etches posted on the Website by any User or User Submisson to us for inclusion on the Website.
“Member” means a person who has registered with one or more of our Websites.
“Repeat Infringer” means a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once.
“Terms” means the terms and conditions under this Agreement.
“User” means a Visitor or a Member.
“User Submissions” means submission of videos or other communications submitted by you and other Users to us for uploading onto the Website
“Visitor” means a person who simply browses our Website
“Website” means www.fetch-music.com
references to “we”, “our” or “us” means Fetch Music
references to “you” or “your” means you as a User of our Website
references to “Website” should be construed as references to “Websites” where appropriate
1. Your acceptance of these Terms
1.1 By using, visiting, accessing and/or registering with the Website (including all content available through this Website), you signify that you have read, understood and agree to be bound by these Terms and the terms and conditions of our privacy policy which are published at https://www.fetch-music.com/privacy and which are incorporated herein by reference. If you do not agree to be bound by these Terms, then please do not use this Website.
1.2 You agree to be bound by these Terms whether you are a Visitor or you are a Member.
1.3 We reserve the right to change, modify, add or delete parts of these Terms at any time and without further notice. Such amendments shall be effective upon posting the revised Terms on the Website. When we post the amendments to these Terms we will indicate at the top of the page the date the Terms were last amended. If you do not agree with such amended Terms then you must terminate your account with us and stop accessing and using the Website. Your continued use of the Website after the any changes to the Terms constitutes acceptance by you of such revision and that you agree to be bound by the Terms as modified. It is your responsibility to regularly check the Website for any modifications to the Terms.
2. The Website
The Website may contain links to other sites (third party sites) that are not owned by us. We have no control over and assume no responsibility or liability for the content, privacy policy or practices of any third party website. We will not and cannot censor or edit the content of any third party site. By using this Website, you expressly relieve us from any liability arising from your use of any third party website, whether by means of following an embedded link within this Website or by accessing the third party website directly. We encourage you to take the time to read the terms and conditions of any third party websites that you visit when you leave our Website.
3. Access and Use of this Website
We hereby grant you permission to use the Website in accordance with these Terms, PROVIDED THAT (a) you will not copy or distribute any part of the Website without our prior written authorisation (b) you will not alter, modify, edit or otherwise change any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose (c) you recognise and agree that the audio Material on the Website is intended for the purposes of synchronization licensing only therefore you are not permitted to distribute or dupilcate the Material on the Website without our prior written authorisation (d) the use of the Material on the Website falls under United Kingdom copyright law and (e) that you will comply with these Terms.
4. Registration and account security
4.1 To access some features of the Website, you will need to create an account, registering as a Member. You are prohibited from using another Member”s account unless you have permission from the other Member to do so.
4.2 When registering your details with us for the creation of an account, you must provide true, accurate, up-to-date and complete information. You must notify us of any change in your personal information and/or details. If we find out subsequent to registration of your account that any of the information you have provided is false we are entitled to terminate your account. We reserve the right to terminate your account if any of the personal information and/or details you provided to us when registering an account is untrue, inaccurate, out of date or incomplete.
4.3 You are solely responsible and liable for any activity occurring on your account, and you must keep your account password secret. Should you become aware of any suspicious activity occurring on your account, you must notify us immediately. You must inform us immediately of any breach of security or unauthorised use of your account. We will investigate any security breaches and we have the right to suspend or terminate the account immediately. We will not be liable for any losses caused by the unauthorised use of your account, but you may be liable for our or other Users” losses caused by such unauthorised use.
4.4 We retain the right to amend or modify any user name (or to provide you with a user name of our choice) if we are of the opinion that such user name infringes or violates the rights of any person or third party or is defamatory, offensive, obscene or is in any other way improper or inappropriate.
5. Newsletter Subscription Emails
5.1 Once you register an account with us, you will be asked whether you would like to receive different newsletter email subscriptions. If you do not want to receive such email subscription, please do not check any of the boxes.
5.2 If you want to unsubscribe from an email newsletter subscription, please log into your Sync Music profile and change your subscription option or follow the instructions on the bottom of the newsletter that you have received.
6. Eligibility
6.1 This site is intended solely for Users who are over the age of thirteen (18) and any registration by, use of or access to the Website by anyone under the age of 18 is unauthorised and in violation of these Terms. You represent and warrant, by using and accessing the Website, that you are over 18 years of age and that you agree to and abide by all the Terms.
6.2 We reserve the right to terminate your account with us, to delete your profile and any content or information that you have posted on the Website
6.3 If we believe you are under 18, we may prevent you from re-registering or registering a new account with us.
7. Your obligations
7.1 You agree not to use the Website for any illegal purposes and agree to use it in accordance with all the relevant laws.
7.2 You agree not to upload, post on or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
7.3 You will not upload, post, transmit, broadcast or otherwise disseminate on the Website any Material which is defamatory, libellous, threatening, offensive, obscene, pornographic, excessively violent, inappropriate, improper or that may cause annoyance, inconvenience or needless anxiety.
7.4 You will not use the Website in a manner that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is any way impaired.
7.5 You will not launch any automated system, including but not limited to, “robots”, “spiders”, and “offline readers” that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
7.6 You agree that you will not collect, collate or gather any personally identifiable information from the Website and agree that you will not use the communication systems provided by the Website for any commercial solicitation purposes.
7.7 You will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality rights and privacy rights).
7.8 You agree that in the event that you have any right, claim or action against any User arising out of the User”s use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us, except that if you notify us of any abuse of the Website which results in your right, claim or action (for example, you inform us of an offending article which is defamatory of or offensive about you), then we shall remove, delete, modify or alter (as appropriate) the Material in question and may terminate the offending User”s account if appropriate.
8. Third Party Links
We may provide links to third party websites or resources on our Website. You hereby agree that we are not responsible or liable for the availability of such external websites or resources and acknowledge that we do not endorse and are not responsible or liable for the practices and contents (including defamatory, libellous and infringing content) in any the third party websites or resources, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such content, goods or services available on such websites and resources.
9. Advertisers and the Marketplace
9.1 You agree that your correspondence with or participation in promotions of advertisers or merchants found on the Website, including any payment for the delivery of any related goods or services, any dealings between you and such parties are solely between you and such advertiser or merchant and you agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertiser or merchant on the Website.
9.2 We have created the Marketplace on our Website for the benefit of our Users, so that Users may have a forum in which to offer goods and services for sale to other Users. However, we specifically state, and you hereby acknowledge, that we are not responsible or liable for the activities carried out in the Marketplace, we are not privy to transactional and financial information and arrangements between buyers and sellers in the Marketplace, and assume no responsibility or liability for such arrangements.
10. Proprietary Rights in the Material
10.1 We do not claim any proprietary rights in the Material. You agree that you shall be solely responsible for the Material.
10.2 You retain all your ownership, copyright and other interests and rights in the Material. By posting any Material on our Website, you grant us an irrevocable licence to use, modify, alter, edit, publicly perform, copy, reproduce, prepare derivative works of, display, make compilations of and distribute such Material throughout our Websites. Such licence is non-exclusive, fully-paid and royalty free and is sublicensable, transferable and worldwide.
10.3 You affirm, represent, and warrant that: (i) you own or have the necessary licences, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all the Material to enable inclusion and use of the Material in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Material to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Material in the manner contemplated by the Website and these Terms.
10.4 You agree that you will not copy, modify, alter, edit, translate, publish, broadcast, transmit, distribute, publicly perform, display, sell or prepare derivative works of any Material on the Website other than Material that you have posted.
11. User Submissions
11.1 The Website may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You agree that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions.
11.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all your proprietary rights in your User Submissions.
11.3 You affirm, represent, and warrant that: (i) you own or have the necessary licences, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
11.4 You agree that by submitting the User Submissions to us, you hereby grant us an irrevocable worldwide, non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to use, modify, alter, edit, reproduce, distribute, prepare derivative works of, display, make compilations of and publicly perform the User Submissions in connection with our Websites and our (and our successor’s) business, including without limitation for promoting and redistributing part or all of our Websites (and derivative works thereof) in any media formats and through any media channels now in existence or developed in the future.
11.5 You also hereby grant each User of our Websites a non-exclusive license to access your User Submissions through the Websites, and to use, modify, alter, edit, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms.
11.6 You affirm, represent and warrant that you are the sole proprietor of all Material submitted, and that any Material submitted is the result of your own work.
11.7 You agree that you will not submit Material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all the license rights granted herein.
11.8 You agree that you will not publish falsehoods or misrepresentations that could damage us or any third party and that you will refrain from submitting Material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
11.9 You agree not to post advertisements or solicitations of business, other than on the Marketplace in an appropriate category.
12 User Submissions and Material Disclaimer
12.1 We do not endorse any User Submission or Material or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions and Materials posted by Users on the Website.
12.2 We do not permit copyright, infringing activities, and infringement of intellectual property rights on our Website, and we will remove all User Submissions and Materials if we are notified (using the relevant notification procedures) that such User Submission or Material infringes on another’s intellectual property rights.
12.3 We reserve the right to remove User Submissions or Material without prior notice. We will also terminate a User’s access to our Website, if the User is deemed to be a Repeat Infringer.
12.4 We reserve the right to decide whether a User Submission or Material is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions or Materials and/or terminate a User’s access for uploading such material or for posting such Material in violation of these Terms at any time, without prior notice and at our sole discretion.
13. Notification of Abuse Procedures
13.1 We have in place a procedure by which Users may notify us of any abuse and non-compliance with the Terms; for example, if you see a User Submission or Material posted on the Website that is offensive or infringes another”s copyright, you should be able to notify us of this either by sending an email to us at privacy@sync-music.com
13.2 We will endeavour to remove or delete promptly any offensive, defamatory, infringing, obscene, inappropriate or improper content and take any further action as we deem necessary, proportionate and appropriate.
13.3 If you have any complaints related to copyright, please write to us at Sync Music, Unit 4 The Candlemakers, 112 York Road, London, SW11 3RS. Please note that proof of sending does not guarantee our receipt of your letter and you must ensure that you receive and retain an acknowledgement of receipt from us which will be sent within 5 working days of us receiving any correspondence from you.
14. Acknowledgement by Users
14.1 You understand that when using the Website, you will be exposed to User Submissions and Material from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Material.
14.2 You further understand and acknowledge that you may be exposed to User Submissions or Materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
15. Disclaimer and Limitation of Liability
15.1 You agree that your use of the Website shall be at your sole risk. We are not responsible or liable in any manner for any Material or User Submission or any third party content (such as advertisements, links to third party websites, offers and invitations in the Marketplace, among others).
15.2 Although we have established rules on material that Users cannot post on the Website, we are not responsible for what Users put on the Website. To the fullest extent permissible under the law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof.
15.3 We make no warranties or representations, whether express or implied, about the truth, accuracy, reliability, current or completeness of the Website’s content or the content of any websites linked to this site and we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content.
15.4 We assume no liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website.
15.5 We recommend exercising caution when purchasing any goods or services from advertisers and other Users on the Website and in the Marketplace. We do not warrant, endorse, guarantee, or assume responsibility for any goods or services advertised or offered by another User or a third party through the Website or any hyperlinked website or featured in any advertisement, and we are not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of goods or services.
15.6 We do not represent or warrant that content on the Website is virus free, although we do take necessary precautions to prevent the spread of viruses on our Website. We assume no responsibility for any viruses or Trojan horses, or the like, which may be transmitted to or through the Website by a third party. You should exercise caution when accessing, using or downloading any content from the Website and we recommend that you use industry recognised software such as anti-virus software to assist in detecting viruses.
15.7 Whereas we will take reasonable measures to ensure the security of our Website and of any personal and financial information you provide us with, we will not be liable to you for any direct, indirect, incidental, consequential or other damages whatsoever resulting from any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
15.8 You specifically acknowledge that we shall not be liable for User Submissions, Material or the defamatory, offensive, or illegal conduct of any User or third party and that the risk of harm or damage from the foregoing rests entirely with you.
15.9 The Website may be temporarily unavailable during site maintenance or for other reasons. We assume no liability for any interruption or cessation of transmission to or from our Website.
15.10 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Terms for (a) any economic losses (including without limitation loss of revenues, profits, business), (b) any loss of goodwill or reputation (c) any special or indirect or consequential losses.
15.11 Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our directors, officers, employees, or agents or any other liability which may not be limited or excluded under applicable law.
16. Indemnity
16.1 You agree to defend, indemnify and hold us, our subsidiaries, affiliates, officers, directors, employees, contractors, partners and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal expenses) arising out of or in connection with your User Submissions, Material and your activities on the Website, your use of and access to the Website, any breach by you of the Terms and your violation of any third party right, including without limitation any copyright, property, or privacy right.
16.2 You agree that your obligation to indemnify us will continue even when this Agreement is terminated.
17. Data Protection
17.1 We aim to comply with the applicable Data Protection legislation from time to time in place.
17.2 We will disclose your personal data if we are requested to do so by law or by any regulatory or governmental authority, or upon receipt of a court order or a legitimate request by a third party (for example, the police) in investigating illegal activities to provide information concerning your activities on the Website.
17.3 We reserve the right to notify or provide information to the relevant authority if we believe that you have carried out or are in the process of carrying out any illegal activity.
17.4 If you agree (during the registration process or when entering competitions and other activities) to receive information/offers, etc from other companies (for example marketing and advertising companies), then we may pass your personal information and/or your activities on the Website to other companies.
17.5 We reserve the right to store and use your personal data solely for our own internal purposes and we reserve the right to access, monitor and retrieve password protected information in order to fulfil our obligations, both legal and as established under these Terms.
18. Termination
18.1 We may terminate your registration and account with us immediately and without notice (without prejudice to our other rights and remedies) and we may delete your Material and any User Submission and any other data stored on the Website if we believe that you have breached any of the Terms.
18.2 You may terminate your account with us at any time by emailing accounts@sync-music.com
19. Severance of Terms
If the whole or part of any term or provision in these Terms is to any extent held to be void, invalid illegal or unenforceable under any enactment or rule of law, that term or provision or part of it shall to that extent be deemed not to form part of this agreement, and the validity and enforceability of the remainder of these Terms shall not be affected.
20. Law and Jurisdiction
These Terms (as amended from time to time) are exclusively governed by and are construed in accordance with the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute or any proceedings arising out of or in connection with these Terms, save that we have the right to commence and pursue proceedings in alternative jurisdictions.
