1.1 This website ("the Site") is operated by Synctracks Limited whose registered office is at:
The Playrooms, 2nd Floor, 311-312 Upper Street, Islington, London, N1 2TU United Kingdom ("we" "us" "our").
1.2 The Site allows users to listen to the Synctracks music library repertoire and allows registered users to purchase music usage licences.
1.4 It is important that you read and understand these Terms and the Supplemental Agreements before using the Site. By accessing or using the Site you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these terms and conditions, please do not use the Site.
1.5 We reserve the right to change these Terms and the Supplemental Agreements at any time. Amendments will take effect when posted on our website. The Agreement current as at the start of a particular transaction will apply until that transaction is completed.
1.6 You acknowledge and agree that once we have commenced the provision of our services in accordance with the Agreement you shall not be entitled to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 or by such other consumer regulation as may apply from time to time.
Refunds may be given at the discretion of the management. Please contact us: firstname.lastname@example.org
2.1 This Site provides information about the repertoire our production music library.
2.2 The Site has a facility so that you can listen to the tracks in our library's repertoire.
2.3 Subject to you agreeing to our Music Usage Licence the Site has a facility for you to download the tracks for your own use.
We reserve the right to improve, amend, or suspend the service provided on the Site at any time without notice.
4.1 If you wish to purchase a music licence you are required to register with us by completing and submitting the form on our "registration" page and reading and amending our Music Usage Licence and Rate Card which can be seen [here].
4.2 For the purposes of verifying your identity we shall use the data provided by you to establish the veracity of all the information you have provided when registering with the Site, and your entitlement to use the Site and the services.
4.3 If you register your details you are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
4.4 We reserve the right to terminate suspend or restrict accounts without notice to you should you commit any breach of the Agreement or in our reasonable discretion we believe it is your intention to commit a breach of the Agreement or we believe you are acting contrary to the spirit of the Agreement.
5.1 We grant you a limited licence to access and make use of the Site, but not to modify it, or any part of it, or otherwise exploit it for any commercial purpose except for those specific purposes set out in this agreement or otherwise with our express written consent.
5.2 You may frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to or controlled by us without our express written consent provided it is for personal use only.
5.3 You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
5.4 You must not use the Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.
5.5 If you believe that anyone has infringed your or a third party's copyright on the Site or if you have infringed a third party's copyright you must inform us immediately in writing.
6.1 All content and all compilation of content included on the Site, including but not limited to text, sound recording, musical and lyrical work, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed to us and is protected by copyright, database and trade mark right laws in England and internationally.
6.2 You may download, extract and/or re-utilise parts of the contents of the Site subject to the Agreement. In particular, you may download audio files which are available subject to the term of this Agreement and our Music Usage Licence.
6.3 For the avoidance of doubt you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. You will indemnify us against any loss, damages, costs, expenses (including reasonably legal fees) or other claims arising from any breach of the above warranties you commit.
7.1 We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
7.2 You may create hyperlinks to the Site without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Site and that it is in no way affiliated to any third party.
8.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Site. You must immediately notify us of any unauthorised use of them or any other breach of security.
8.2 Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Site and the purchase of goods through the Site.
10.1 We accept no liability for any failure to maintain the Site. We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the Site.
10.2 Your acceptance of these Terms also acts as a general release of Synctracks Limited and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Site.
10.3 Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties in Clause 5 above and any other term of the Agreement.
We will do everything we can to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Site may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
Except as otherwise stated, any notices you wish to send to us should be e-mailed to email@example.com. Any notices that we may wish to draw to your attention will be displayed on our Site.
We and you shall endeavour to prevent the disclosure, publication or dissemination of the other's confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms.
When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.
This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.
A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
This Agreement shall not constitute a partnership, agency or joint venture between the parties.