Welcome to WhatSong Sync, a service provided by WhatSong.
- Acceptance of Use:
- Your Use of the platform:
- Your content:
- Grant of License:
This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
This section explains how your content will be used on WhatSong Sync, as well as the permissions you grant by uploading your content.
2. Your Use of the Platform
You also strictly comply with the following:
i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening.
ii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
iii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
v) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
• any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
• any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or.
• any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful;
• any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit use and enjoyment of the Platform; or
• any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
3. Your content
Any and all audio, and data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform is generated, owned and controlled solely by you, and not by WhatSong.
WhatSong does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
You must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights.
Any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of wheteher it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
4. Grant of license
Uploading Your Content to the Platform, does NOT automatically grant license to WhatSong, our platorm or any of its users or stakeholders.
By uploading Your Content to the Platform, you grant access of availability for license. You allow other users to purchase Your License for various license types, which you (as the artist) will stipulate. Whenever Your Content is purchased, in its entirety, from another user, you hereby grant such license to that client on a limited, worldwide, non-exclusive, royalty-free and full paid basis. The purchaser of the license of Your Content only has the rights to use Your Content in the license that is stipulated. E.g. if the purchaser buys a license for an indepedent film (of budget less than $10M), they only have the license to use it within an Independent Film. They would not have the legal license required to then use your track in a global advertisement.
Removal of audio Content from your account will automatically result in the deletion of the relevant files from WhatSong systems and servers. Your Content will no longer be available for license, however any existing license purchases previously from another user will have the rights to use Your Content in relation to the license type they purchases. WhatSong is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.