Terms of Use

Welcome to WhatSong Sync, a service provided by WhatSong.

These Terms of Use govern your use of sync.what-song.com and all related players, widgets, tools, features, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by WhatSong (the “Services”).

These Terms of Use, together with our Community Guidelines and any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these Terms of Use, constitute a legally binding contract (the “Agreement”), between you and WhatSong in relation to your use of the Website, Apps and Services (together, the “Platform”).

Please also be sure to review our Privacy Policy and Cookies Policy for more information on how we collect and use data relating to the use and performance of the Platform, as well as our responsibilities and your rights in relation to any processing of your personal data.

These Terms of Use consist of the following sections:

Acceptance of Use:

By using WhatSong Sync you accept to our Terms of Use and Community Guidelines and agree to abide by them.

Your Use of the platform:

This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.

Your content:

This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.

Grant of License:

This section explains how your content will be used on WhatSong Sync, as well as the permissions you grant by uploading your content.

1. Acceptance of Terms of Use

Please read our Terms of Use, Privacy Policy and Cookies Policy very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, purchasing, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use and Community Guidelines, will abide by them, and that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union or 13 years of age or more if you reside in the United States or anywhere else.

2. Your Use of the Platform

Subject to your compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Platform, WhatSong Sync grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform or offline and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the artist who uploaded the relevant Content.

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use WhatSong grants you a limited, revocable and non-transferable license and right to:

i) submit, upload or post Content to and keep such Content available on the Platform strictly as permitted in accordance with these Terms of Use.

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

By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct WhatSong to store Your Content on our servers. To the extent it is necessary in order for WhatSong to provide you with any of the aforementioned services, to undertake any of the tasks set forth in these Terms of Use, you hereby grant such licenses to WhatSong on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.

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.

The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account.

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.