Please read these terms and conditions and other documents referred to in them (such as our Privacy Policy and Cookie Policy ) carefully since it affects your legal rights.
These General Terms and Conditions ("Terms and Conditions") apply to the use of this website (
snapmuse.com
) including the SMG Music and Multimedia Ltd.'s online music
catalogue service (the "Service") and any software applications
or access to any content or material made available by SMG Music
and Multimedia Ltd.
This website is operated and the Service is provided by SMG
Music and Multimedia Ltd, a limited company with company number
659494 and registered office located at 5th Floor Rear,
Connaught House, 1 Burlington Road, Dublin 4, Ireland
("Snapmuse"). To contact us, please email
hello@snapmuse.com.
SMG Music and Multimedia Ltd, the operator of this website and
provider of the Service, is a subsidiary of SMG MULTİMEDYA VE
PROJE HİZMETLERİ TİCARET A.Ş, (Reşitpaşa Mah. Katar Cad. Arı-8
Binası No:2/11/3 Sarıyer - İstanbul - Türkiye
When visiting our website and/or using the Service, these
Terms and Conditions
, our
Cookie Policy
and our
Privacy Policy
apply to your use. By visiting this website and/or using the
Service, you acknowledge that you have read and understood and
agree to be bound by these Terms and Conditions and the
documents referred to therein. If you do not want to be bound by
the above mentioned Terms and Conditions, please do not visit
this website and do not use our Service. We recommend that you
print a copy of these terms for future reference.
Please note that any and all use of the music provided within
the Service will be subject to a separate music license
agreement (either between you and Snapmuse or between Snapmuse
and one of our partners that allows you to use the music) which
will govern your right to use and distribute the music provided
within the Service. More information about the different
licenses and subscriptions that Snapmuse offers can be found on
the website or by contacting
hello@snapmuse.com.
Snapmuse reserves the right, at its full discretion, to modify
these Terms and Conditions and its website at any time. Such
modification enters into force when published on
snapmuse.com
or communicated to you in any other appropriate manner. Your
continued use of the website or the Service after such
modification constitutes valid consent thereto. Do check the
website regularly to verify whether these Terms and Conditions
or other documents referred to herein have been modified. If you
do not accept to abide by these Terms and Conditions (or cannot
comply with then) you may not use the Service, the website or
access any content.
Any translation of these Terms and Conditions from English into
another language is made only for convenience purposes and the
translation will not be a valid contract. If you wish to receive
these Terms and Conditions and relevant documents thereto in
another language, please contact us via the contact details
provided below.
The Service is an online music catalogue service, by which
Snapmuse makes available digital music files (collectively as
well as any part thereof "Content") to be used in audiovisual
productions and/or other productions, in accordance with these
Terms and Conditions and the applicable music license
agreement.
You access the Service from Snapmuse's online interface. The
Service is available for entities and persons that have
registered and created user accounts. In order to use the
Service and access the Content you will have to be no younger
than 16 years old. You will also have to have the power to enter
into a binding contract (i.e. be of mental capacity to enter
into binding agreements, not personally bankrupt etc.) and not
be barred from doing so under any applicable law. If you are
under 16 years old, or unable to solely enter into a binding
agreement with Snapmuse, please contact
hello@snapmuse.com
The assortment of Content may be amended at all times by
Snapmuse, with or without any notice to you. You accept that the
Content that is available might not be available at a later
stage.
Content types and descriptions, such as genres, categories etc.
are provided for your convenience only and Snapmuse does not
guarantee their accuracy.
You agree not to use or launch any automated system (including,
without limitation, any robot, spider or offline reader) that
accesses the Service in a manner that sends more requests to
Snapmuse or its servers in a given period of time than a human
can reasonably produce in the same period by using a publicly
available, standard (i.e. not modified) web browser.
You agree to only download Content in accordance with the
restrictions applicable to your account.
In order to use the Service you must create a personal account
and register as user by following the instructions that are
further specified in the user registration form. Your account
will contain basic account information including username and
password. The password you choose must be a unique and distinct
password. You are responsible for your username and password and
should never give out your password to anyone else. You may not
select or use an identity of another person with the intent to
impersonate that person. You must use a valid email address and
Snapmuse reserves the right to test and to verify this at any
time. You are not allowed to have more than one account. It is
prohibited to agree with third parties upon the transfer, the
utilisation or the provision of accounts, resources or access
data.
Snapmuse has the right to disable any personal account/username
or password, whether chosen by you or allocated by Snapmuse, at
any time, if in Snapmuse’s reasonable opinion you have failed to
comply with any of the provisions of these Terms and
Conditions.
You must notify Snapmuse immediately of any breach of security
or unauthorised use of your Snapmuse account that you become
aware of.
You agree that you will be solely responsible (to Snapmuse, and
to others) for all activity that occurs under your Snapmuse
account.
Some of our different Services requires payment. If you have
received a discount code or free offer/a free trial period
provided by Snapmuse or from a third party acting on behalf of
Snapmuse for access to a paid Service, separate additional terms
and conditions for such offer may also apply to such access to
the Service and you must agree to comply with such terms in
order to be able to use the Service.
If you have been offered a free trial, Snapmuse reserves the
right, in its sole discretion, to determine your eligibility for
a trial, and if you’re determined not to be eligible, modify the
trial at any time with prior written notice. For some trials we
require you to provide payment details to start the trial. At
the end of such trial, and if you have not decided to terminate
the agreement, Snapmuse will automatically start to charge for
such provided Service.
You may not use, transfer, display, perform or otherwise make
the Content available except as expressly permitted under these
Terms and Conditions and under the applicable music license
agreement.
All content available through the Service and on the website,
including designs, text, graphics, pictures, videos,
information, applications, software, music, sound and other
files, are the proprietary property of Snapmuse.
Except for the rights expressly granted to you in the applicable
music license agreement and in these Terms and Conditions, no
right to the Service or the Content is assigned to you, and all
right, title and interest in the Service and the Content are
reserved and retained by Snapmuse. Snapmuse do not under any
circumstances transfer any right, title or interest in the
Content to you, and you do not acquire any ownership rights to
the Service or the Content.
Please note that you may not use the Content in connection with
other material that is offensive, defamatory, obscene, immoral,
discriminating, illegal or that otherwise violates any rights of
anyone associated with the Content and/or any third party. You
shall comply with any applicable laws, regulations regarding use
and distribution of the Content.
Please also note that you are not allowed to upload or otherwise
exploit the Content provided in the Service as stand-alone files
(for example, uploading the track to any kind of distribution
platform or otherwise distributing a track as a full-length (or
shortened) file, on its own or with a just background picture
and/or just the name of the artist/track).
In the event of a breach by you of any provisions of this Clause
5, your right to use the website and the Service will cease
immediately and you must, at our option, return or destroy any
copies of the materials you have made.
You agree that Snapmuse has the right to allow the Service to
make use of the storage hardware, processor and bandwidth of
your Internet connection, computer, game console, workstation or
similar media device; however, only as reasonably necessary to
provide the Service.
If you are connected to the Internet in a foreign country the
Service may still make use of the storage hardware, processor
and bandwidth on your Internet connection, computer, game
console, workstation or similar media device. As a consequence
extra charges from your Internet Service Provider ("ISP") may be
brought on you. Check with your ISP for further details. By
using the Service you agree to take responsibility for these
extra charges towards your ISP and you agree to indemnify
Snapmuse for any third party claims due to the extra charges
from your ISP referable to you.
The Service and website are integrated with third party applications, websites and other services to make the Service and Content available to you as a user. These third-party applications may have their own terms and conditions of use etc., and your use of these third-party applications will therefore be subject to the applicable terms and conditions for such third party provider. Snapmuse is not responsible or liable for behaviour, content or features of any third-party application.
You may separately have accepted to be exposed to commercial messages, newsletters and advertisements sent by Snapmuse when using the Service. If you do not want to be notified about these offers or news you may always opt-out from such information by following the instructions in each notification which you receive.
You will find answers to the most frequently asked questions about the Service on the website www.snapmuse.com. You are always welcome to contact Snapmuse on hello@snapmuse.com.
Snapmuse processes personal data about you and your use of the Service in accordance with Snapmuse's Privacy Policy and Cookie Policy applicable from time to time.
Snapmuse’s API Client uses YouTube API Services. If you are using our Service on YouTube, the terms of our Privacy Policy will apply and by using our Service on YouTube you confirm that you have read and agreed to YouTube terms of Services and Google’s Privacy Policy.
Snapmuse will make reasonable efforts to keep the Service
operational. However, technical problems or maintenance may,
from time to time, result in interruptions.
Snapmuse is not responsible for unavailability or deficiencies
of the Services caused by you, deficiencies in the Internet
access or any other event beyond Snapmuse's control. You are
also responsible for ensuring that all persons who access our
website through your Internet connection are aware of these
Terms and Conditions and other applicable terms, and that they
comply with them.
Snapmuse will from time to time carry out updates and
maintenance of the Service, during which the Service might be
unavailable. Snapmuse will try to arrange updates and
maintenance outside of peak usage hours.
THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW SNAPMUSE MAKES NO
WARRANTY, REPRESENTATION, EXPRESS OR IMPLIED, AND/OR DISCLAIMER
AS REGARDS TO THE AVAILABILITY, FITNESS FOR PURPOSE,
NON-INFRINGEMENT, CONTENT OR OTHER DATA PROVIDED AND THE QUALITY
OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ALSO
ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE OBTAINED
IN THE SOFTWARE INDUSTRY. NEITHER SNAPMUSE NOR ANY OWNER OF
CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER
HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR CONFIGURING YOUR
INFORMATION TECHNOLOGY, COMPUTER PROGRAMMES AND PLATFORM TO
ACCESS OUR WEBSITE/SERVICE. YOU SHOULD USE YOUR OWN VIRUS
PROTECTION SOFTWARE.
SNAPMUSE (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES
AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL
IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN,
LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR
DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY.
Snapmuse reserves the right at any time, and from time to time,
to modify or discontinue, temporarily or permanently, functions
and features of the Service with or without notice, and Snapmuse
shall have no liability to you if Snapmuse exercises such
rights.
The content on our website is provided for general information
only. It is not intended to amount to advice on which you should
rely. You must obtain professional or specialist advice before
taking, or refraining from, any action on the basis of the
content on our website.
Although we make reasonable efforts to update the information on
our website, we make no representations, warranties or
guarantees, whether express or implied, that the content on our
website is accurate, complete or up to date.
Where our website contains links to other websites and resources
provided by third parties, these links are provided for your
information only. Such links should not be interpreted as
approval by us of those linked websites or information you may
obtain from them.
We have no control over the contents of those websites or
resources
Upon request by Snapmuse, you agree to indemnify, defend and
hold Snapmuse harmless (including, but not limited to,
affiliated companies and their contractors, officers, directors
and employees) from all claims, liabilities and expenses
(including reasonable legal fees) that arise from your misuse of
the Service in a manner not in strict conformance with these
Terms and Conditions.
Furthermore, Snapmuse reserves the right, at its own expense,
to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you. However, in which
event you accept to cooperate with Snapmuse in asserting any
available defences.
You agree that, to the extent permitted by applicable law, your
sole and exclusive remedy for any problems or dissatisfaction
with the website and/or service is to uninstall any software and
to stop using the website/service.
While Snapmuse accepts no responsibility for third party
applications or the content thereof, and while your relationship
with such third party applications may be governed by separate
agreements with such third parties, to the extent permitted by
applicable law, your sole and exclusive remedy, as with respect
to Snapmuse, for any problems or dissatisfaction with third
party applications or the content thereof, is to uninstall
and/or stop using any such third party applications.
If you are a business user:
If you are a consumer user:
Please note that Snapmuse only provides the website/Service for
domestic and private use. You agree not to use our
website/Service for any commercial or business purposes, and
Snapmuse has no liability to you for any loss of profit, loss of
business, business interruption, or loss of business
opportunity.
If defective Content or any other digital content that we have
supplied, damages a device or digital content belonging to you
and this is caused by our failure to use reasonable care and
skill, we will either repair the damage or pay you compensation.
However, we will not be liable for damage that you could have
avoided by following our advice to apply an update offered to
you free of charge or for damage that was caused by you failing
to correctly follow installation instructions or to have in
place the minimum system requirements advised by us.
Nothing in the Agreements removes or limits Snapmuse’s liability
for fraud, fraudulent misrepresentation, death or personal
injury caused by its negligence, and, if required by applicable
law, gross negligence.
This agreement will continue to be in force until terminated by
you or Snapmuse.
If you or Snapmuse terminate this agreement for any reason or if
you fail to make any payment due to Snapmuse, its partners or
any collection societies/copyright licensing bodies (as
applicable), for the Service and/or violate any of the
provisions of these Terms and Conditions or any documents
referred to in them, your right to use the Service and access
the Content will immediately terminate. Alternatively, Snapmuse
may suspend access to the Service and Content.
Snapmuse may further, at its sole discretion, terminate your
account and your access to the Service with or without prior
notice or explanation, and without liability or obligation to
you or any third party.
Upon the termination of this agreement for any reason:
If we suspend or terminate your access to or use of the Service, you agree that we shall have no liability or responsibility to you, that you will pay all fees, and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Snapmuse is entitled to in whole or in part assign its rights and obligations under these Terms and Conditions to a third party. You may not assign these Terms and Conditions to any party.
If any provision of these Terms and Conditions shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms and Conditions shall not be affected thereby. Each provision of these Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.
THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN SNAPMUSE AND YOU WITH REGARD TO YOUR USE OF THIS WEBSITE AND/OR THE SERVICE.
The laws of the Republic of Ireland shall apply to these Terms
and Conditions. Any dispute, controversy or claim arising out of
or in connection with these Terms and Conditions, or the breach,
termination or invalidity thereof, shall be determined by the
courts of the Republic of Ireland.
Snapmuse has the right regarding illegal copying or distribution
of the Content or the Service to the public, to instigate
proceedings for damages or injunctions in any court having
jurisdiction.
If you would like to receive further information regarding these
Terms and Conditions, you are more than welcome to contact us
via the contact details provided below.
SMG Music and Multimedia Ltd.
5th Floor Rear, Connaught House, 1 Burlington Road, Dublin 4,
Ireland
hello@snapmuse.com