General Terms and Conditions

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.

1. General

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 4th Floor, 7/8 Wilton Terrace, Dublin 2, Ireland ("Snapmuse"). To contact us, please email hello@snapmuse.com.

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.

2. The Service and General Limitations of Use

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.

3. How to Access the Service and 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.

4. Trials, Payments etc.

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.

5. Intellectual Property Rights

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.

6. Use of Computer Resources

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.

7. Third Party Applications

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.

8. Advertisement

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.

9. Support

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.

10. Privacy and Personal Data

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.

11. YouTube API Services

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’s General Terms of Service and Google’s Privacy Policy.

12. Service Level and Disclaimer

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

13. Indemnity

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.

14. Our responsibility for loss or damage suffered by you

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:

  • Snapmuse excludes all implied conditions, warranties, representations or other terms that may apply to our website or any content on it and/or the Service.
  • Snapmuse will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our website and/or the Service; or
    • use of or reliance on any content displayed on our website.
  • In particular, Snapmuse will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

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.

15. Term and Termination

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:

  • any sum owing or due to Snapmuse, its partners or any collection societies/copyright licensing bodies (as applicable) shall be immediately payable; and
  • your access rights to the Service and other rights hereunder shall terminate.

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.

16. Assignment

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.

17. Partial Invalidity

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.

18. Entire agreement

THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN SNAPMUSE AND YOU WITH REGARD TO YOUR USE OF THIS WEBSITE AND/OR THE SERVICE.

19. Law and Dispute Resolution

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.

20. Additional Information or Questions

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.

4th Floor, 7/8 Wilton Terrace, Dublin 2, Ireland

hello@snapmuse.com

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