15 December 2020
These are SyncCloud’s general terms of use for using this website, not to be confused with:
1) SyncCloud’s Uploader Terms and Conditions which are agreed on when signing up as an Uploader, or
2) SyncCloud’s music licences, purchased by end users.
SyncCloud’s General Terms & Conditions applies to the use of www.SyncCloud.net or www.SyncCloud.co.uk (the ‘Website’/’Portal’) which includes SyncCloud’s online music catalogue (the ‘Service’). By visiting the Website you are bound by these Terms & Conditions, SyncCloud’s and Privacy Policy. If you do not wish to agree to these terms then do not visit the Website or use the Service.
The Service is provided by SyncCloud Ltd.
Registered company number (England & Wales): 12875284
Registered office address
71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
By visiting the Website you agree that you have read and understood these General Terms & Conditions.
Modifications
SyncCloud reserves the right to amend/update/modify these General Terms And Conditions at any time. SyncCloud will indicate when amendments have been made and by continuing to use the Website and the Service shall be treated as acceptance by you of SyncCloud’s changes. SyncCloud reserves the right to terminate this agreement and stop the Service at any time.
The Service
SyncCloud is a sync portal for rights holders of music / audio (known as ‘Uploader’) to make their work available to license to anyone requiring music (known as the ‘End User’ with a ‘Creative’ account) across the territory of the World. An account is needed for Uploader’s to access and use the Service. This means agreeing to the Uploader Terms & Conditions upon sign up, as this clears the right for Uploader’s music to be synced through SyncCloud’s Portal (Website). End Users also needs an account to be able to purchase licenses and download music from the Portal. The Service is presented as a music library so visitors to the Website can listen/audition music that has been submitted and accepted into SyncCloud’s Portal. You must be 18 years of age or over to create an account either as an Uploader or Creative and by doing so confirm that you are legally capable of entering into binding contracts. SyncCloud is about freedom for the Uploader, therefore SyncCloud has no set term to the length of time Uploader’s tracks can remain within the Service. You accept that the content that is available might not be available at a later stage. You accept that SyncCloud Uploader’s have made best efforts to input metadata for their tracks that result in matching searches, descriptions and categories for potential End Users and SyncCloud cannot guarantee their accuracy.
Using The Service
You do not need an account to listen/audition the tracks in SyncCloud.
If you wish to download and use a track(s) then you need to register for a ‘Creative’ account. This is free to sign up to. You will then be able to purchase and obtain licenses for the track(s) in accordance to your intended usage. Musicians/bands/composers/rights holders (Uploader) If you have music to submit to SyncCloud you must create an Uploader account. By doing so you’ll need to agree to the Uploader Terms & Conditions – a legally binding agreement upon sign up. You can then use SyncCloud in accordance with the Uploader Terms & Conditions. Account holders must notify SyncCloud immediately of any breach of security or unauthorised use of your account that you become aware of and agree that you are solely responsible for all activity that occurs under your account.
Acceptable Use
You agree that the track samples in SyncCloud’s library are there for listening purposes only and you may not modify, copy, reproduce, republish, download, transmit or distribute them in any way. You agree and warrant that you will not use the Website and Service in any way which infringes the copyright, trademark, patent or other proprietary rights of any party.
Termination
SyncCloud reserves the right to terminate this agreement at any time. You agree that SyncCloud shall not be liable to you or any third party for any termination of your access to the Website or the Service. If you disagree with these General Terms and Conditions then you must not use the Website or the Service.
Links To Third Party Websites
SyncCloud are not responsible for any content, service, applications, terms and conditions or are liable in any way for any third party websites that are linked from SyncCloud’s Website.
Your Information
Any information provided by you whilst using SyncCloud’s Website / Service is governed by SyncCloud’s Privacy Policy which can be found at the foot of SyncCloud’s Website.
Intellectual Property
SyncCloud is a web portal for our Uploader’s, who own and/or control all copyright in the music compositions and music recordings and any and all underlying rights in respect thereof. Details of copyright ownership may be found in the track details.
Intellectual Property Rights
You cannot use any content (for the avoidance of doubt, imagery, text, logos, music, trademark, graphics, videos) belonging to SyncCloud without their express permission. You can only use music by purchasing a license from SyncCloud and abiding by the terms set out in the license agreement you have purchased.
Indemnity
All music provided by SyncCloud has been pre-cleared by the Uploader for use under SyncCloud’s licenses under the Uploader’s Terms and Conditions. However, you agree to indemnify SyncCloud 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 SyncCloud by any third party arising out of your use of the Website and the Service.
Service
SyncCloud will make best efforts to keep the Service available at all times. You agree that from time to time technical issues, updates and maintenance can arise which can interrupt the Service. You agree that for the Service to perform well that you need a good internet connection with internet speeds suitable for streaming.
Disclaimer And Limitation Of Liability
To the extent allowed by law, SyncCloud 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. You agree that using the Website and the Service is at your own risk.
Software and Security
SyncCloud takes reasonable steps to protect the service from viruses. You agree that you will not hold SyncCloud responsible for any damage relating to the use of SyncCloud to your device and using the Service is entirely at your own risk.
Governing Law
These General Terms and Conditions are to be governed and construed in accordance with English law and subject to the exclusive jurisdiction of the courts of England and Wales.
Contact
If you have any concerns or queries regarding these terms and conditions, please contact SyncCloud via the website: https://synccloud.net/support/