Accusonus Cellar Product Line Additional Terms

Accusonus Cellar Product Line Additional Terms

Published: 6 April 2020

Effective as of: 6 April 2020                        

These Additional Terms govern your use of the Software and are incorporated by reference into the Accusonus General Terms of Use ("General Terms") located at https://accusonus.com/legal/general-terms (these Additional Terms and the General Terms are collectively referred to as “Terms”). Capitalized terms not defined here have the same meaning as defined in the General Terms.                

  1. General

  1. The Agreement herein is made between you and “Accusonus” (or by any other name), the owner of the site: www.accusonus.com (“Site”) and it settles the terms and conditions under which you may receive the right to download works of music, sounds, sound effects, music tracks, video footage, software presets and other included in the Site’s Content Library and use them (hereinafter: Works). The Agreement herein is drafted in the masculine for convenience purposes only and refers to both genders.
  2. You hereby declare and confirm that: (1) you have read the Terms, understood the stated therein and you hereby agree to engage in it (2) your age does not limit you from lawfully engaging in the Terms and there exists no other legal prevention for your engagement in the Terms (3) you are authorized to engage in the Terms for yourself, personally, or for the corporation the details of which were specified upon purchase of the license.
  3. You hereby declare and confirm that Accusonus is the owner of all the rights in the Works, inclusive of all intellectual property rights and all copyrights, and that you do not and will not have any rights whatsoever in the Works, exclusive of the right of use as specified in the Terms.
  1. Opening an account

  1. In order to use the Site’s services and receive a license for using the Works as specified in the Terms, you are required to open an account in the Site, provide accurate and full details, and pay for the license. It is forbidden to provide a nonexistent email address or an email address which does not belong to you, to impersonate to another person or body, or to mislead in any other way regarding your identity or your credit card details. The License Terms will come into force upon payment.
  2. You are required to protect the confidentiality and safety of the account details (username and password), and you will bear full and exclusive liability for all activities in your account.
  3. You must inform the Site immediately of any unauthorized use of your account.
  1. License to use

  1. Use of the Works is subject to the Terms and as may be set from time to time by Accusonus, and will be done only in accordance with them.
  2. Upon purchase of subscription and subject to fulfillment of all your undertakings according to the Terms you are hereby granted a nonexclusive license (hereinafter: License) to download Works and to use them for integrating and/or synchronizing them in projects and productions combining sound, text, and images (in any language), such as: video clips and segments, advertisements, presentations, applications, games, animations, slides, multimedia, podcasts, audiobooks, software, films, series, various programs and so on (hereinafter: Projects). The term Works used in the Terms refers both to the works and to recordings of the Works in the Site’s Content Library, whether downloaded directly from the Site or downloaded or accessed from any third party site or application.
  3. The License includes the right to present and/or play in public and/or distribute the Works being integrated and/or synchronized as part of the Projects, in all existing means of media, inclusive of smartphones, tablets, personal computers, in various internet sites, in social networks, in online stores (such as iTunes), in video sharing sites (such as Vimeo, YouTube and so on), on television and in any other known means, and inclusive of physically by CDs or any other data storage device.
  4. The License gives you the right to make a reasonable use of the Site and the Content Library in it, and does not limit the number of Projects in which you are entitled to integrate and/or synchronize the Works you download from the Site, in condition the daily number of downloads does not exceed 50 Works. It is hereby clarified that downloading contents from the Site by any automatic means such as software, bots, or any other technical means will not be considered a reasonable use and is prohibited according to the License conditions.
  5. The License is personal and non transferable. Licensee is the person whose name is specified in the License purchase form. To the extent the user is a legal entity which is not a private individual, its name will be specified in the License purchase form and it will be the Licensee.
  6. The License to Use is nonexclusive and all Works in the Site, inclusive of the Works you use, will be open for the use of others.
  7. Accusonus will be entitled to add/remove Works of music from the Content Library from time to time at its discretion, and you will bear no claim or demand in this regard.
  8. The Terms are not such as to limit the Company in any manner from selling and/or transferring and/or granting Licenses to use any of the Works, in whole or in part, to third parties, at its discretion.
  9. The License to Use is valid in perpetuity if the Works have been downloaded with a valid subscription. The subscription grants access to the Works for one month, multiple-month or one-year periods, and is automatically renewed at the end of every period unless you decide to cancel. Responsibility for cancelling the subscription is yours and you are required to take the necessary actions in order to cancel your automatic-recurring subscription payment.
  10. You are entitled to cancel the subscription within 14 days from the date of its purchase and/or renewal and get a refund. By the end of 14 days from the purchase and/or renewal of the subscription you will not be entitled to cancel the subscription. To the extent you cancel the subscription within 14 days and get a refund as mentioned, you will be absolutely forbidden from making any use of any of the Works you downloaded from the Site during the 14 days period as from the purchase and/or renewal of the subscription and until the cancellation by you, and any use of any of the Works which were downloaded during that time will be considered a violation of the License and a violation of copyrights. Upon termination of the subscription for any reason whatsoever the Terms and the License to Use granted by its virtue will also be terminated. Expiration of the License is not such as to derogate from your right to continue and use the Works you downloaded during the time the License was valid, and which you integrated in Projects.
  1. Limitations of Use

  1. You hereby undertake not to sell and/or transfer and/or share and/or give license to use and/or allow others to record anew and/or present and/or play in public and/or copy and/or distribute in any manner any of the Works in themselves, whether for any consideration or for no consideration. Furthermore, you undertake not to use any of the Works as a separate file and/or to present it as a separate file and/or make it available for download as a separate file or at all, in any manner whatsoever.
  2. You hereby undertake not to make any use of the Works in themselves, but only to integrate or synchronize them as part of the Projects. In any engagement with third parties regarding Projects, you hereby undertake to include an undertaking of the third parties not to use the Works in themselves and to act to the best of your ability to protect the Works from being copied or used in themselves.
  3. You hereby undertake not to use the Works in order to provide service which competes with Accusonus and the Site, such as a music collection, a music library, a database or in any other manner. Furthermore, you hereby undertake not to store and/or share and/or upload the Works as an independent file to any internet sites and/or to enable access to them by any third parties, and inclusive of file sharing sites or social networks (such as YouTube, Facebook, Twitter and so on).
  4. You hereby confirm that it is known to you that the License granted to you according to the Terms are non transferable and it is not possible to grant sublicenses by its virtue.
  5. You hereby undertake not to claim ownership of any of the Works, inclusive of by YouTube content identification.
  1. Forbidden Uses

  1. It is forbidden to use the Works in any manner which is illegal and/or in any other manner which may damage the artist, Accusonus’ and the Site’s reputation, or third parties, and inclusive of in any manner which violates the rights of third parties.
  2. It is forbidden to use the Works, inclusive of as part of Projects, in context of violence, or encouragement of violence, pornography and abomination, racism, hate and discrimination against any person or based on race, religion, sex, sexual orientation, community or nationality, threats, hurting the helpless, violating privacy, slander and any other insulting contents. Accusonus reserves its full right to determine at its discretion whether a use of a Work constitutes a violation of this article and you hereby undertake to accept Accusonus’ decision in this matter.
  3. It is forbidden to use the Works in any manner contrary to court orders and/or which was forbidden by the provisions of any law.
  4. It is forbidden to use the Site or the Works in a manner which might damage, block, cause an overload or harm the Site, the communication networks and any communication equipment, or to interrupt any other body’s use of the Site. You are not entitled to try and obtain unauthorized access to the Site, the contents, other people’s accounts or computer systems or to networks connected to the Site by any means whatsoever.
  5. It is known to you that Accusonus might demand that you immediately cease using any of the Works in case Accusonus receives a notice according to which the Work might be violating any third party rights. To the extent you are notified by Accusonus that it is forbidden to use any of the Works, you hereby undertake to cease using the same and to take all the actions required in order to make anyone on your behalf cease the use mentioned.
  1. Intellectual property rights

  1. All the information, the Works and contents included in the Site and the services offered therein, inclusive of text, illustrations, graphics, sound, graphic segments, software applications, graphs and photos are protected by copyrights and intellectual property rights of Accusonus or of other suppliers.
  2. The Terms grants you an authorization to use the Site and the Works in accordance with the provisions of the Terms only and is conditioned by your undertaking not to make or be involved in the making of any activities which breach the Terms, and specifically in activities which cause the violation of intellectual property rights and/or deviation from the provisions of the License.
  3. You are forbidden from using the Site name and trademarks and logos which are in the Site.
  4. You hereby declare and confirm that you do not and will not have any ownership and/or intellectual property rights in the recordings and/or the Works and/or the contents of the Site and/or the Site’s trademarks and its design, and that your right is restricted to the limited Right of Use granted to you in the Terms.

 

  1. Accusonus’ rights in case of a violation on your behalf

  1. You hereby agree that any unauthorized use by you and/or by anyone on your behalf of any of the Works or in a manner deviating from the conditions of the License herein, constitute a breach of the Terms as well as a violation of the copyright laws, and Accusonus and anyone on its behalf have the full right to exercise all rights and remedies available to it by law in such case. To the extent the violation is done by a person other than you but who is under your control, then you are required to take any possible action to immediately cease the violation.
  2. Accusonus will be entitled, at its exclusive discretion and without any prior notice, to block your access to the Site, temporarily or permanently, in case you violate the law, the Terms or any of the Site’s terms of use, or if there exists any other interruption to the Site’s regular activity, and you will bear no claim or demand in this regard.
  3. Without derogating from the above mentioned, to the extent you breach the Terms, Accusonus Site will be entitled to disclose your name and details known to it about you in any legal proceeding, even without the awarding or a judicial order so instructing. You hereby undertake to indemnify the Site and anyone on its behalf for any argument, claim, damage, loss, loss of profit, payment or expense

it may incur (inclusive of lawyer’s fee and legal expenses) due to your breach of the provisions of the Terms.

  1. The Site reserves the right to disclose personal information about you or about your use of the Site inclusive of the content used without obtaining your permission, if such as act is essential in order to: (1) obey legal requirements or comply with orders issued in a legal proceeding or by a competent authority by any law (2) enforce the Terms.