SCORE ADDICTION STREAMER TERMS OF USE

 

THE TERMS OF USE FOR THE SCORE ADDICTION STREAMER APP SET OUT BELOW (“TERMS”) DEFINE THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE STREAMER.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING STREAMER. BY USING STREAMER YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS DO NOT INSTALL AND/OR USE STREAMER.

 

We are Score Addiction Pty Ltd and we are the owner of a software application for streaming production music stored on remote servers live via the internet in synchronization with pictures in certain video editing software. In these Terms we are referred to as “we” or “us”. By registering with us to use Streamer you confirm that you produce audio-visual productions and wish to use Streamer to add music to your productions. You are referred to in these Terms as “you”.

 

 

1.      Interpretation

 

In these Terms the following expressions shall have the following meanings:-

 

“Streamer” shall mean the software application created and owned by us for streaming production music stored on remote servers live via the internet in synchronisation with pictures while using certain video editing software for use by professionals working in film, television, radio, advertising and new media to enable them to listen to various production music sound recordings to appraise their suitability for use in a production while editing the production and download a chosen sound recording directly into the production subject to securing all necessary licences for such use;

 

“Streamer Production Music Library” shall mean the library of production music sound recordings owned and/or controlled by certain music library companies, music files of which are stored on the SA Servers and made available for use via Streamer;

 

“SA Servers” shall mean the computer servers on which we have arranged for music files of the sound recordings contained in the Streamer Production Music Library to be stored.

 

 

2.      Licence

 

A.      We grant to you a limited, non-transferable, non-exclusive licence to download, install, use and run a copy of Streamer during the Term and to access the SA Servers during the Term to stream and download sound recordings from the Streamer Production Music Library for the purpose of making and/or working on productions for use in the media of film, television, radio, advertising and/or so-called “new media” subject to complying with all terms and conditions below.

 

B.      Except as otherwise stated in these Terms all rights of the owners of the sound recordings, musical compositions and performers in respect of all content streamed or downloaded via Streamer are reserved. You acknowledge that we do not grant any rights or make any representations regarding the same hereunder or otherwise. Unauthorized public performance, broadcast, communication to the public, copying and distribution is prohibited. Use of the recordings that may be accessed via Streamer and the use of the underlying musical compositions contained on such recordings is subject at all times to obtaining an appropriate licence prior to any exploitation or use of the relevant production or recording.

 

C.      We may at our discretion from time to time during the Term make available to you upgrades or updates to Streamer. These Terms shall apply to any such upgrades or updates.

 

D.      You acknowledge that Streamer is supported for use only on hardware and operating system software that meets certain specified system requirements and only with certain video editing software as stipulated by us.

 

 

3.      Term

 

         The Term of this licence begins when you download a copy of Streamer and continues for as long as you use Streamer unless otherwise terminated as set out below. By clicking on the “Download” button you are officially agreeing to these Terms. If you are agreeing to these Terms on behalf of a company or other business entity you represent and warrant that you have the authority to accept these Terms on the company’s or other business entity’s behalf.

 

 

4.      Charges

 

A.      In consideration of the licence granted to you to use Streamer you agree to pay the monthly charges in advance for the use as set out on our website.

 

B.      You shall make payment of the monthly charges to us by credit card. During the Term you shall provide us upon request with details of a valid credit card and you authorise us to deduct the monthly charges against that credit card. You will keep the information regarding the credit card up to date and promptly replace a credit card that expires with the details of another valid credit card. If we are unable to process any credit card payment we will let you know so that you can arrange alternative payment.

 

C.      We reserve the right to vary our charges at any time by giving you not less than 28 days notice of any such variation. Within 7 days of receiving such notice you may notify us that you wish to terminate the Term and cease using Streamer with effect from the date that the proposed increase in our charges is to take effect.

 

D.      Notwithstanding clause 4A you shall be entitled to use Streamer free of charge for a Trial Period of 30 days from the beginning of the Term subject to complying with all other provisions in these Terms.

 

E.      No refund of any charges paid will be given in the event that you terminate the Term but you will be entitled to continue to use Streamer for the remainder of the period for which charges have been paid.

 

 

5.      Licence Restrictions

 

A.      Streamer is licensed and not sold to you for use only under the provisions of these Terms.

 

B.      The licence of Streamer in clause 2 is personal to you and you shall not rent, lease, lend, sell, transfer, redistribute or sub-license Streamer.

 

C.      You must not and must not allow any person to alter, modify, tamper with, reverse engineer or decompile or attempt to reverse engineer or decompile Streamer or, use Streamer to develop other software or, permit Streamer to be combined with or incorporated in other software except as approved in writing by us.

 

D.      You are not authorized or permitted to use Streamer for any purpose which is not expressly set out in these Terms and we reserve all of our rights in Streamer which are not expressly granted to you in these Terms.

 

E.      If you are signing these Terms on behalf of a company or other business entity you warrant and agree to procure that all employees of the company or other business entity and any other persons engaged by you, the company or other business entity in any capacity, who use Streamer, will comply with these Terms.

 

F.      Subject to clause 8, during the Term you shall be able to stream any of the sound recordings contained in the Streamer Production Music Library but will only be able to download those sound recordings contained in the Streamer Production Music Library owned and/or controlled by production music library companies with whom you have an account and download access.

 

 

6.      Security

 

A.      You shall procure that all reasonable security measures are taken in order to safeguard Streamer from unauthorised use and access or use by any unauthorised person.

 

B.      You are responsible for keeping your account username and password details confidential. You shall notify us immediately if you have any reason to believe that your account username and password details have become known to a third party or that your account has been used in an unauthorised manner. We shall not be responsible for any losses caused by unauthorised access to your account with us. We do not have knowledge of or access to your password and for security reasons we may only reset your password. If we reset your password you are strongly advised to immediately change it to a password of your choosing.

 

 

7.      Warranty

 

We warrant that we are the sole owner of all right, title and interest in and to Streamer and are able to grant you a licence to use Streamer in accordance with these Terms.

 

 

8.      Disclaimer

 

A.      Streamer and access to the Streamer Production Music Library are provided to you by us “as is” and “as available” and all conditions, warranties, terms and undertakings, express or implied, statutory or otherwise in respect of Streamer and the Streamer Production Music Library are hereby excluded to the fullest extent permitted by law.

 

B.      We shall use reasonable endeavours to procure that access to the SA Servers to stream and download sound recordings from the Streamer Production Music Library shall be available 24 hours a day, 7 days a week but we give no warranty that the operation of Streamer and access to the Streamer Production Music Library via the SA Servers will be uninterrupted or error free.

 

 

9.      Limitation of Liability

 

A.      We shall not be liable to you for loss of profits or goodwill whether direct or indirect and/or any type of special, indirect or consequential loss, loss of data or information, business interruption or any other commercial damages arising out of or related to your use of or inability to use Streamer and/or access the Streamer Production Music Library.

 

B.      We do not limit our liability to you for death or injury caused by our own negligence, loss caused by fraud or wilful misconduct, fraudulent misrepresentation or liability which may not otherwise be limited or excluded under applicable law.

 

 

10.    Data

 

A.      You acknowledge and agree that we may collect data regarding your usage of recordings from the Streamer Production Music Library. We shall only share this data with the libraries whose recordings are contained in the Streamer Production Music Library.

 

B.      All data contained on the SA Servers relating to users of Streamer and uses of recordings from the Streamer Production Music Library shall belong to us.

C.      At all times your information will be treated in accordance with our Privacy Policy. Our Privacy Policy will be treated as being part of these Terms. It can be viewed at here.

 

 

 

11.    Changes

 

         We may change these Terms by posting a revised version on our website and sending an email to the last email address you gave us notifying you that they have been changed. Unless you notify us within 7 days of receiving such notice that you wish to terminate the Term and cease using Streamer the amended version will be effective immediately.

 

 

12.    Termination

 

A.      We shall have the right to terminate the Term forthwith by notice if you commit any material or persistent breach of these Terms and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 (thirty) days of a written request to remedy the same.

 

B.      Notwithstanding anything contained in clause 12A we shall have the right to terminate the Term forthwith by notice in the event that you fail to pay the charges by the due date and do not make payment within 14 (fourteen) days after receiving notice from us requiring you to do so.

 

C.      Upon the termination of the Term you shall cease to use Streamer and shall delete all copies of Streamer in your possession.

 

D.      Clauses 5, 7, 8, 9, 10, 13, 14, 16, 17 and 18 of these Terms shall survive the termination of the Term.

 

 

13.    Waiver

 

         The waiver by either party of a breach or default in any of the provisions of these Terms by the other party shall not be construed as a wavier of any succeeding breach of the same or any other provision nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have under these Terms operate as a waiver of any breach or default by the other party.

 

 

14.    Invalidity and severability

 

         If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect any other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.

 

 

15.    Notices

 

         Any notice that we send to you under these Terms shall be sent to the last email address you gave us and shall be deemed to have been received by you on the day following the day it was sent. Any notice that you send to us under these Terms shall be sent by email with a confirmatory copy sent by first class prepaid post to us at PO Box 264, Manly, NSW 1655, Australia. The notice sent by email shall be deemed to have been received by us on the day following the day it was sent.

 

 

16.    Assignment

 

         You may not assign any of your rights under these Terms to any third party. We may assign our rights to any other party at our discretion.

 

 

17.    Entire Agreement

 

         These Terms and our Privacy Policy comprise the entire agreement between you and us relating to Streamer and supercede all prior agreements, representations and understandings.

 

 

18.    Third Party Rights

 

         It is acknowledged and agreed that nothing in these Terms provides expressly for any third party to have any right to enforce any provision hereof and for the complete avoidance of doubt, the parties do not intend any provision of these Terms to be enforced by or to confer benefit upon any third party.

 

 

19.    Law

 

This Licence shall be governed by and construed in accordance with the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts in New South Wales.