Commercial Subscription Music License

1. Parties

1.1 The terms set forth in this Commercial Plan Music License Subscription (this “Agreement”) apply to your use of the Subscription provided by Sync Music Now (“Sync Music Now”). Partners of Sync Music Now include KRUActive, KRUX, Induro Cycling Studios,Inc, and Induro Fitness.

1.2 By clicking “I agree”, or otherwise signifying your acceptance of these terms and conditions, you are agreeing to be legally bound by this Agreement, the General Terms and Conditions, the Cookie Policy, And the Privacy Policy, all of which are available through the Sync Music Now Online Player website and available upon request by emailing info@syncmusicnow.com. You warrant that you are of legal age and are authorized to enter into this Agreement. If you are signing up for the Subscription, or accessing or using the Sync Music Now Online Player, in connection with your employment, you hereby represent that you are authorized to and hereby do bind your company/employer to this Agreement, and any references herein to “you” and “your” will refer to both you and your company/employer, as applicable.

2. Definitions

2.1 In this Agreement the following words and expressions shall have the following meanings: “Sync Music Now Online Player” means the website provided by Sync Music Now, currently with the URL address www.syncmusicnow.com and www.kruactive.com web player and app and downloads to be delivered via cloud access allowing you to search for, listen to and download the Music Pieces. Downloads are available only upon request and may include a surcharge to cover download fees. “Music Piece” means each and every sound recording contained in the Sync Music Now music catalog in the Sync Music Now Online Player. “Subscription” means the commercial plan of the music license subscription offered by Sync Music Now, including access to the Sync Music Now Online Player and the right to use the Music Pieces in accordance with the terms set forth in this Agreement.

3. License grant and restrictions

3.1 Subject to the terms and conditions of this Agreement, Sync Music Now hereby grants to you;

(a) for the term of this Agreement and in accordance to customer maintaining an active subscription to the Sync Music Now platform, customer has the right to access the Sync Music Now music catalogue in the Sync Music Now Online Player, to play or download Music Pieces in order to synchronize them, in whole or in part, in audiovisual (video) productions produced by or on behalf of yourself (the “Customer Video Productions”); and

(b) for the term of this Agreement and in perpetuity the right to make any Customer Production containing any Music Piece available worldwide on any and all online channels and platforms provided that the Customer Production is completed during the term of this Agreement. Perpetuity rights are only granted for subscribing customers only and once subscription is cancelled, any and all video assets already created will carry perpetuity rights however no new productions may be produced and/or distributed. Any titles or works created after a subscription to Synch Music Now has been terminated will be considered a breach of copyright and will be prosecuted to the fullest extent of the law.

(c) All titles produced by customer must be logged, titled, and dated and sent to Sync Music Now I a “Title Report(s)”. Titles may be sent in a list as long as titles are reported within 90 days of being created. Any works not titled or given a completion date will be deemed illegal and breach of copyright and be prosecuted to the fullest extent of the law.

3.2 You may NOT sub-license the rights granted to you under Section 3.1 (a) to independent production companies for the purpose of making Customer Video Productions on your behalf. All subscriber’s logo must appear on any Video works and be directly distributed by subscriber. This said, subscriber may license Customer Video Productions to a third party distributor as long as all titles have been pronounced to Sync Music now for verification of current subscription to Sync Music Now at time of production.

3.3 This Subscription is intended to most commercial use cases. The following use cases are covered by this Agreement.

You may use any Music Pieces under this Subscription if you are:

Producing video content for end user usage on a video delivery platform

You may distribute any Customer Video Productions incorporating Music Pieces via:

a. commercial streaming (and/or download) services (e.g. Netflix, iTunes, Hulu, Facebook Watch, fitness or wellbeing VOD services, and similar OTT, AVOD, FVOD and SVOD services). For the avoidance of doubt, you are also free to upload the Customer Video Productions to social media and video sharing platforms such as YouTube, Facebook, Instagram, Twitch or Vimeo.

You may NOT use any Music Pieces under this Agreement:

a. in TV shows, TV ads, feature films, theme songs for scripted content, or incorporated into a logo, trademark or service mark;

b. on a standalone basis including without limitation that the Music Pieces may not be repackaged (in whole or in part) as for example audio samples, sound libraries, sound effects, or music beds, nor combined with a single still image or limited animation where the production is essentially tantamount to use of the Music Pieces on a standalone basis, meaning uses where complete or almost complete Music Pieces are used and where any accompanying visuals are of a subordinate importance.

c. in any way that is intended to allow third parties to download and/or otherwise access or use the Music Pieces on a standalone basis, including without limitation in any digital templates or other applications enabling end users to synchronize or otherwise combine the Music Pieces with other content, or in any manner enabling users to create or order on-demand products (such as electronic greeting cards or ringtones) or make the Music Pieces available in any physical products (e.g. in speakers); or

d. a. linear television (e.g. broadcast, IPTV, cablecast, or satellite television) or as theatrical releases; or

e. in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Music Pieces. You shall comply with any applicable laws and regulations. Moreover, you may not use the Music Pieces in connection with sensitive subjects without the prior written consent of Sync Music Now. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.

3.5 The subscription only covers use by one individual person (Customer / Producer). Person may only have one “Channel” per subscription. In the case, that the same Customer or Company has multiple Channels then the subscription name should incude name of additional channels. Sub Channels are not considered separate channels as long as under the same brand and subscriber.

1. i.e Sam Smith is subscriber / customer. Sam Smith has video productions delivered on Sam Smith Fitness to multiple distribution platforms. Sam Smith has sub-shannels for cycling, yoga, and cardio. All three sub-channels are covered by the one Sam Smtih subscription. Sam Smith creates a second production company with a partner called Epic Fitness. Epic has boxing and strength sub-channels. Sam will need two subscriptions and two title reports. One for Sam Smith and one for Epic.

Person may be represented by a company and/or company logo or include their name or mark to each production under each channel. Customer may assign “logging” contractor to assist in relaying video titles to Sync Music Now for verification of timely production in accordance to the active subscription. Customer may also contract talent to be in the production and works. If we have concrete reasons to believe that more than one person is using the same account, we reserve the right to either (i) immediately terminate the account, without refunding any prepaid fees, or (ii) with retroactive effect assess additional fees to you calculated in each instance on the then-current per-user pricing of the Subscription for each additional user.

3.6 You may not change the Music Pieces but may cut and/or loop them as required for inclusion in the Customer Video Productions. All rights and licenses granted hereunder are non-exclusive, non-transferable and non-assignable and may not be sub-licensed other than as expressly permitted under this Agreement. You may only use the Music Pieces in accordance with the rights and licenses granted under this Agreement.

4. Monetization

4.1 Subject to your compliance with this Agreement, you may allow, and receive remuneration from, the display of third-party ads in connection with making available your Customer Video Productions on social media platforms such as YouTube offering such possibilities (i.e. monetize). You are responsible for registering the Customer Video Productions and/or relevant social media channels with Sync Music Now, in accordance with the instructions that Sync Music Now provides from time to time (“whitelisting”). For purpose of records, Sync Music Now requires all subscribers to list the distributors that have access to their video content.

4.2 You may whitelist one channel per social media platform. If you want to whitelist several channels on the same platform, you will need a subscription for each channel. See example Sam Smith and Epic Fitness. In addition to whitelisting your channels, you may whitelist a limited amount of video URLs outside of your own channels (e.g. Customer Video Productions posted on your end clients’ channels).

5. Payment

5.1 For the rights granted herein you will be charged a subscription fee at the beginning of each Subscription Period (as defined in Section 6.1 below), in the amount stated in the subscription section on the Sync Music Now website. The subscription fee constitutes a fixed sum and no additional fees will be owed by you in relation to your permitted use of the rights granted herein to (i) Sync Music Now, (ii) any composer, performer, producer or other person involved in the creation of the Music Pieces or (iii) any collecting society except where the collection is exclusively delegated to such society by local statute, irrespective of the membership of, or any contractual mandate from, any of the composers, performers or other rights holders in the Music Pieces.

5.2 Sync Music Now may change the subscription fee from time to time and will communicate any such changes to you in advance. Price changes will take effect no earlier than at the start of the Subscription Period following the date of the change. If you do not accept the price change, you may terminate your Subscription at any time prior to such price change.

 

6. Term and termination

6.1 This Agreement shall enter into force upon your acceptance of the terms set forth herein and will be automatically prolonged for periods of either one (1) month or twelve (12) months depending on your chosen payment plan (each such period constitutes a “Subscription Period”) until terminated by you or by Sync Music Now prior to the end of the then-current Subscription Period.

6.2 Sync Music Now has the right to terminate your Subscription and this Agreement and to suspend your access to the Sync Music Now Online Player at any time in the event of your actual or suspected unauthorized use of the Music Pieces or non-compliance with the provisions set forth in this Agreement.

6.3 To the fullest extent permitted under applicable law and except as otherwise stated herein, you agree that Sync Music Now will have no liability or responsibility to you and that Sync Music Now will not refund any amounts that you have already paid if you terminate this Agreement or if Sync Music Now terminates this Agreement or suspends your access to the Sync Music Now Online Player in accordance with the provisions herein.

6.4 After termination of this Agreement has taken effect, you are no longer entitled to use and access the music catalogue and shall return to Sync Music Now, or otherwise destroy or remove from any storage, any and all copies of the music catalogue and the Music Pieces contained therein.

6.5 For clarity and subject to your compliance with the terms herein, you may continue to distribute Customer Video Productions in accordance with Section 3.1 (b).

7. Ownership and intellectual property rights

7.1 Sync Music Now holds all copyrights and neighboring rights in and to the music catalogue and is the sole rights holder in respect of the Music Pieces.

7.2 You hereby acknowledge that you do not acquire any proprietary rights as a result of this Agreement in relation to any Music Pieces. The Music Pieces are the sole property of Sync Music Now.

8. Trademarks and credits

8.1 Neither party is granted any right or interest in or to the trademarks, brands or trade names of the other party. Neither party may use the other party’s trademarks, brands or trade names without the prior written consent of the other party.

8.2 If any Music Piece is used in a Customer Production, in which credits are provided for other music or content providers, to the extent reasonably possible, credit shall be accorded in a form comparable to such credit(s). Credits substantially similar in form and substance to the following are acceptable: "Artist's Name / Title of Music Pieces / courtesy of Synch Music Now.

9. Liability

9.1 Subject to the liability limitations set forth below, each of the parties will be liable for any direct damages incurred by the non-breaching party as a result of the breaching party’s breach and/or failure to perform its obligations under the Agreement.

9.2 EXCEPT AS NOTED BELOW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.

9.3 IN NO CASE WILL SYNC MUSIC NOW BE LIABLE TO YOU FOR DAMAGES THAT CORRESPOND TO A HIGHER VALUE THAN ALL LICENSE FEE AMOUNTS RECEIVED BY SYNC MUSIC NOW FROM YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME SUCH DAMAGE AROSE.

9.4 The above limitations of liability do not apply with respect to damage occasioned by fraud, willful misconduct, or gross negligence of a party.

10. Disclaimers

10.1 You acknowledge and agree that the Sync Music Now online player is provided ”as is” and Sync Music Now disclaims all warranties express or implied, including but not limited to (a) implied warranties of merchantability or fitness for a particular purpose; (b) warranties as to the quality or performance of the materials, information, goods, services, technology and/or content provided under or in connection with this agreement, including but not limited to any limitations on user access to or use of content; and (c) warranties as to the performance of computers, technology and/or networks.

10.2 If you connect your account to a third-party application, we may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that such information may be attributed to your account on the third-party application and may be published on such service. You understand and agree that a third party application’s use of information collected from you (or as authorized by you) is governed by the third party application’s privacy policies and your settings on the relevant service, and our use of such information is governed by our privacy policy and your account settings.

11. Assignment

You may not wholly or partially assign or pledge any of its rights and/or obligations under this Agreement without Sync Music Now’s prior written consent. Sync Music Now may transfer this Agreement and/or wholly or partially assign or pledge any of its rights and/or obligations under this Agreement to any third party provided that such third party agrees to be bound to this Agreement.

12. Severability

If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect under applicable mandatory law, the validity, legality and enforce-ability of the remaining provisions shall not be affected. Such severed provisions shall be revised only to the extent necessary to make them enforceable.

13. Amendments

Occasionally Sync Music Now may, in its discretion, make amendments to this Agreement. If Sync Music Now makes amendments to this Agreement that Sync Music Now deems material for you, Sync Music Now will notify you through the website. By continuing to use the Sync Music Now Online Player after changes to this Agreement have been made you are expressing and acknowledging your acceptance of the changes.

14. Applicable law

This Agreement shall be governed by and construed in accordance with the laws of Florida, without regard its principles of conflicts of law.

15. Dispute resolution

Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof shall be finally settled by a public court with the Pinellas County Court district court as the court of first instance.

 

16. International issues

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods carried out as a result of your use of the services offered hereunder. Software related to or made available by the services offered hereunder may be subject to export controls, and, except as authorized by law, you agree and warrant not to export or re-export the software to any country, or to any person, entity, or end-user subject to export controls or sanctions.

 

 

General Terms and Conditions - Website

Please read these terms and conditions and other documents referred to in this agreement (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") applies to the use of this website including the Sync Music Now's online music catalog service (the "Service"), any software applications or access to any content or material made available by Sync Music Now. When visiting our website these Terms and Conditions, our Cookie Policy and our Privacy Policy applies to your use. If you do not want to be bound by the above mentioned terms, please do not visit this website and do not use our Service. 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 Sync Music Now or between Sync Music Now and one of our partners that allows you to use the music) which regulates your right to use and distribute the music. More information about the different licenses and subscriptions that Sync Music Now offers can be found on the website or, by contacting brennan@syncmusicnow.com. If you have any questions regarding your right to use the music under a partner agreement, please contact the relevant partner at brennan@syncmusicnow.com. The Service is provided by Sync Music Now. 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 therein referred to documents. Sync Music Now reserves the right, at its full discretion, to modify these Terms and Conditions at any time. Such modification enters into force when published on www.syncmusicnow.com or communicated to you in any other appropriate manner. Your continued use of the Service after such modification is valid as consent thereto. Do check the website regularly to verify whether these Terms and Conditions or other document 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.

2. The Service and General Limitations of Use

The Service is an online music catalog service, by which Sync Music Now makes available digital music files (collectively as well as any part thereof "Content") for the purpose to be used in audiovisual productions and/or other productions, under the terms and conditions as set out in these Terms and Conditions and the applicable music license agreement.

You access the Service from Sync Music Now’s online interface. The Service is available for entities and persons that have registered and created user accounts to the Service. In order to use the Service and access the Content you will have to be no younger than 18 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. The assortment of Content may be amended at all times by Sync Music Now, 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 Sync Music Now 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 Sync Music Now 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 e-mail address and Sync Music Now reserves the right to test and to verify this at any time. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data. You must notify Sync Music Now immediately of any breach of security or unauthorized use of your Sync Music Now account that you become aware of. You agree that you will be solely responsible (to Sync Music Now, and to others) for all activity that occurs under your Sync Music Now 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 Sync Music Now or from a third party acting on behalf of Sync Music Now 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, Sync Music Now 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, Sync Music Now 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 Sync Music Now. 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 Sync Music Now. Sync Music Now do under no 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).

6. Use of Computer Resources

You agree that Sync Music Now has the right to allow the Service to make use of the storage hardware, processor and bandwidth of your Internet connection, computer, game console, work station 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, work station 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 Sync Music Now for any third party claims due to the extra charges from your ISP referable to you.

7. Third Party Applications

The Service and website is 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. Sync Music Now is not responsible or liable for behavior, content or features of any third party application.

 

8. Advertisement

You may separately have accepted to be exposed to commercial messages, newsletters and advertisement sent by Sync Music Now 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.syncmusicnow.com. You are always welcome to contact Sync Music Now at brennan@syncmusicnow.com

 

10. Privacy and Personal Data

Sync Music Now process personal data about you and your use of the Service in accordance with Sync Music Now’s Privacy Policy and Cookie Policy applicable from time to time. 

 

11. Service Level and Disclaimer

Sync Music Now will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions. Sync Music Now is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Sync Music Now’s control. Sync Music Now will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. Epidemic 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 SYNC MUSIC NOW 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 SYNC MUSIC NOW NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. SYNC MUSIC NOW(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. Sync Music Now 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 Sync Music Now shall have no liability to you if Sync Music Now exercises such rights.

 

13. Indemnity

Upon request by Sync Music Now, you agree to indemnify, defend and hold Sync Music Now harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms and Conditions. Furthermore, Sync Music Now reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Sync Music Now in asserting any available defenses.

 

14. Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICE. WHILE SYNC MUSIC NOW 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 SYNC MUSIC NOW, 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 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SYNC MUSIC NOW, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENCORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SYNC MUSIC NOW HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SYNC MUSIC NOW DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. Nothing in the Agreements removes or limits Sync Music Now’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 Sync Music Now.

If you or Sync Music Now terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to Content will immediately terminate. Sync Music Now may further, at its sole discretion, terminate your account and your access to the Service with 2 weeks’ notice.

 

16. Assignment

Sync Music Now 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. Law and Dispute Resolution

U.S law shall apply to these Terms and Conditions except with regard to principles on conflict of laws. 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 U.S courts of general jurisdiction where the county court of St. Pete's Beach shall be the court of first instance. Sync Music Now 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.

 

19. Additional Information or Questions

If you would like to receive further information regarding the Terms and Conditions, you are more than welcome to contact us via the contact details provided below.

Sync Music Now

brennan@syncmusicnow.com

Sync Music Now Privacy Policy

Introduction:

In order for Sync Music Now to be able to provide you with the Service (as defined in the General Terms and Conditions), to continue to develop an optimal user experience, as well as to be able to provide you with individualized recommendations and offers regarding the Service and our other products and/or our business partners, we may collect and process your personal data as further detailed below. The data we collect from you is mainly provided by yourself when you subscribe for our Service, but some data is also collected in connection with your use of the Service.

Sync Music Now is the data controller for the purposes of the personal data processed under this policy. We also use cookies in order to provide the Service. Information about how we use cookies can be found in our cookie policy.  Sync Music Now will never contact you and ask for your social security number, driver’s license number, Passport number, or any governmental identification number. At any time if this request is made please do not share this information with the scammer who is requesting this information and contact Sync Music Now at brennan@syncmusicnow.com so we are aware and may take the necessary steps to report such inquiry to authorities and terminate such activity immediately. As explained below, for registration and payment purposes, you will be asked to share some personal data such as name, email, credit card number, and other information for data purposes. This data collected is protected by Sync Music Now and we respect and grant you your lawful rights and preferences.

Your rights and preferences:

You have a number of rights relating to your personal information and what happens to it. You are entitled to: Have your data processed in a fair, lawful and transparent way; Be informed about how your personal data is being used, an example being this privacy policy; Access personal data (including asking for copies of your personal data) we hold about you, how we are using it, who we are sharing it with and where we got your data from; Request us to correct or delete your personal data. If your data is incomplete, you may also ask us to complete it. As for e.g. contact details and if you have an account, you may change this personal data in your settings; Request us to delete personal data concerning you where we no longer need your data for the original reason we have collected or used it for and/or we lack legal basis for the processing. Even if we only process your personal data with reference to legal basis, we are obliged to tell you about this right. Upon deleting the personal data, we’ll also tell anyone else we have shared your data with about the erasure; Request to get your personal data from us in a way that is accessible and machine-readable. You also have the right to ask us to transfer your data to another organization, if the transfer is technically feasible. This is known as the right to data portability. This only applies to data that is held electronically and you have provided us with. You can make a portability request at any time if we rely on your consent to use your personal data or if we use your data as a part of a contract you have with us; Object at any time to processing of your personal data for direct marketing purposes. If so, we cannot refuse your objection and must stop using our data for direct marketing purposes. However, this does not automatically mean that we need to erase all your personal data. We may put you on a ‘suppression list’, i.e. a list of people who have said that they don’t want their data used for direct marketing purposes to make sure we don’t use your data for direct marketing when you have asked us not to; Object to automated decision making (i.e. decisions made about you without people being involved, this is called ‘automated individual decision-making and profiling’ or ‘automated processing’, for short) which produces legal effects concerning you or similarly significantly affects you; Object to our continued processing of your personal data based on consent or legitimate interest (please note that where consent is withdrawn, such withdrawal does not affect the lawfulness of processing based on consent before its withdrawal). You can ask us to temporarily limit the use of your data when we are considering a challenge you have made to the accuracy of your personal data or an objection you have made to the use of your personal data. You may also ask us to limit the use of your data rather than delete it if we have processed your data unlawfully but you don’t want us to delete it or if we no longer need you data but you want us to keep it in order to create, exercise or defend legal claims. If you want to, you can make a request for restriction at the same time as you raise another objection; and you also have the right to complain about our use of personal data to the competent supervisory authority, for example to the Supervisory Authority where you have your habitual residence, place of work or where you believe an infringement of the applicable data protection rules is taking place.

If you would like to speak to us in relation to any of your rights, please contact us at brennan@syncmusicnow.com

What personal data do we process?

We process personal data collected in the following ways: Data provided by you when you contact us, when you sign up for any of our Services and manage your account, and/or if you choose to participate in surveys and promotions.

Data collected automatically through your use of our Services. Data received from third parties.

What personal data do we collect from you?

Contact requests data personal data that you choose to provide when you email us, fill in a form or in other ways provide information by contacting us, such as your name, email address, and any other information provided by you, e.g. the content of messages and conversations with our customer service.

Signup data personal data that is provided by you or collected by us to enable you to sign up for the Services. This may include your contact details such as email address, name, company name, type or place of business, and your business address(es). When you purchase subscriptions, you may further be requested to add your social media channels.

Payment data we may collect your payment data if you sign up for a subscription (including free trials) or make other purchases with us (such as purchasing licenses to individual tracks). The exact personal data collected will vary depending on the payment but may include information such as your name, date of birth, credit or debit card type, expiration date, and other credit card information, your address and phone number, and details of your transaction history.

Surveys, promotions and contests (the “Promotions”) if you choose to participate in any Promotions you may provide certain information to us, e.g. relating to your experience of the Services, the nature of which will vary depending on the Promotion. Other data, you may also have the option to provide us with additional personal data such as photos or profile descriptions on your account page. This is completely optional, and you can choose to delete such data at any time on your account page.

What personal data is collected through your use of our Services?

Service usage data We may collect this information when you visit our website and more particularly when you use our Services. For all customers: Information about your subscriptions and other purchases (if any). Information on payments made. Information on any support requests or other communications from you. For customers using our online Services:

Information about your use of, and interaction with, the Sync Music Now player, such as tracks downloaded and other activity. Other technical data which may include the type of browser and device you use, data from the touchscreen, and information from your device’s accelerometer and gyroscope sensors. This enables you to control the Service and allows us to do simple things like rotate videos and recommend music. Broad, non-specific location, about where you are which we derive from your IP-address The details of any search queries you make. For customers using our in-store music Services:

Data related to music curation, playlists, activity and status of the connected boxes.

Personal data collected from third parties

We may manually collect publicly available data from third parties, but we do not scrub or crawl public databases. We may also get personal data from third party content management systems such as YouTube.

For what purposes and on what legal grounds do we process your personal data?

Except for data provided for personalization of your account, for participation in Promotions and for marketing purposes, the data collected is necessary in order to provide the Services and/or to support your use of the Services and answer any questions that you might have. Failure to provide such data may mean that you are not able to access the Services or all the features thereof, and/or that we might not be able to assist you in your use of the Services. To provide and personalize your use of our Services for example by ensuring the functionality of our Services, providing you access to the same and by providing music recommendations. Personal data relevant for the processing purpose Contact request data, Signup data Service usage data, Legal basis for processing purposes, Performance of contract

To further develop the Services. Personal data relevant for the processing purpose Contact request data, Signup data, Service usage data, Legal basis for processing purposes, Legitimate interest To communicate with you for service-related purposes e.g. support and whitelisting request Personal data relevant for the processing purpose Contact request data, Signup data, Service usage data, Legal basis for processing purposes, Performance of contract, to process your payment

Personal data relevant for the processing purpose Payment data Legal basis for processing purposes Performance of contract to enable you to personalize your account profile, e.g. by adding a photo or other additional data. This is voluntary and does not affect the Services. Personal data relevant for the processing purpose Other data Legal basis for processing purposes Consent To prevent or detect fraud including fraudulent payments and fraudulent use of the services

Personal data relevant for the processing purpose Payment data Service usage data Legal basis for processing purposes

Legitimate interest Sync Music Now has a legitimate interest in carrying out fraud assessments for the purpose of identifying and preventing fraud and criminal offences and thereby avoiding risks for the customer. To enable you to participate in and to communicate with you regarding, any Promotions. Personal data relevant for the processing purpose

Contact request data Signup data Promotional data Legal basis for processing purposes As specified in the relevant Promotion For marketing purposes Including by providing you with relevant offers based e.g. on your use of our Services or your contacts with us. This may include profiling and automated decision making, meaning that you may receive recommendations and offers tailor made for you. You can easily opt out from receiving marketing messages by clicking the unsubscribe link in any email from us. Personal data relevant for the processing purpose Contact request data Sign up data

Service usage data Legal basis for processing purposes Legitimate interest Sync Music Now has a legitimate interest in being able to offer personalized recommendations and other offers to you and other users.

Please contact us if you would like more information on how we have weighed the parties’ interests for any processing based on legitimate interest as a legal basis. To what categories of recipients may we share your personal data?

Our service providers Share your personal data with our service providers, such as sharing your payment data with our payment processors, and some personal data provided by you in connection with any Promotions may be collected by, or shared with, any service provider assisting with such Promotion. Our authorized resellers We may share your personal data, including your contact request data, service usage data and signup data, with our official resellers in order for them to be able to offer and market our content to you. MCN/MPN partners If you have signed up for our Services as part of a multi-channel network or multi-platform network, we may share your signup data and your contact request data with your MCN or MPN. Our group companies We may share your personal data with our group companies to enable e.g. localized support and offers. Law enforcement and data protection authorities We may also share information for the purpose to respond to legal processes (e.g., a court order), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; and to address fraud, security, or technical issues. Social media platforms In order for us to ensure that we do not claim any of your licensed use of our music we may share some service usage data with social media platforms. Third party services and sites

If you connect your account to a third-party application, we may automatically share your activity and activity-related stories with that service, including the content you consume. Data retention and deletion Description of why we store your personal data. To administer our customer relationship, i.e. the first five processing purposes listed under section 6.

Categories of personal data Contact request data Signup data Service usage data Payment data Other data How long we store such data For as long as you have a customer relationship and/or an open account with us. For marketing purposes

Categories of personal data Contact request data Signup data Service usage data How long we store such data

For up to two years after a contact request was made and/or a customer relationship  ended. If you have asked us not to contact you, we may store indefinitely limited personal data to ensure that we comply with your request.

For up to two years after a contact request was made and/or a customer relationship ended. If you have asked us not to contact you, we may store indefinitely limited personal data to ensure that we comply with your request.

Categories of personal data Contact request data Signup data Service usage data Payment data Other data

How long we store such data In accordance with general statutes of limitation, and bookkeeping regulations.

To administer any Promotions in which you have chosen to participate Categories of personal data Promotional Data How long we store such data In accordance with any further details specified in the relevant Promotion.

Security and personal data We take the security of your personal data very seriously. We have implemented various strategies, controls, policies and measures to keep your data secure and keep these measures under close review. We protect your data by using encryption techniques and we use other safeguards such as firewalls and password protection. This means that your data is protected and only accessible by co-workers who need it to carry out their job responsibilities. We also ensure that there are strict physical controls in our buildings which restricts access to your personal data to keep it safe.

Security and personal data

We take the security of your personal data very seriously. We have implemented various strategies, controls, policies and measures to keep your data secure and keep these measures under close review. We protect your data by using encryption techniques and we use other safeguards such as firewalls and password protection. This means that your data is protected and only accessible by co-workers who need it to carry out their job responsibilities. We also ensure that there are strict physical controls in our buildings which restricts access to your personal data to keep it safe.

Changes to this Privacy Policy

We may update this Privacy policy from time to time. If we make material changes we will let you know in advance.

How to contact us

If you would like to receive further information processing of personal data, you are more than welcome to contact us on the email brennan@syncmusicnow.com 

Cookie Policy

 

Consent

By using this website and music library you consent to the use of cookies in accordance with this policy for cookies. You will have seen a pop up banner on your browser the first time you visited the website, although it will not usually appear on subsequent visits, you may withdraw your consent at any time by following the instructions below.

 

What are cookies?

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating web domain on your subsequent visits to that domain. Most web pages contain elements from multiple web domains so when you visit the Website, your browser may receive cookies from several sources. Cookies are useful because they allow a website to recognise a user’s device. Cookies allow you to navigate between pages efficiently, remember preferences and generally improve the user experience. They can also be used to tailor advertising to your interests through tracking your browsing across websites. Session cookies are deleted automatically when you close your browser and persistent cookies remain on your device after the browser is closed (for example to remember your user preferences when you return to the site).

Disabling cookies

If you do not agree to the use of these cookies please disable them by following the instructions for your browser or use the automated disabling tools where available. Please note that some of the services will not function so well if cookies are disabled. Where the organisation setting the cookie provides an automated disabling tool in respect of its cookie(s) we list the name of that organisation, the category of cookies it sets together with a link to its automated disabling tool. In all other cases, we list the names of the cookies themselves and their source at the date of this policy so that you can easily identify and disable them if you want through your browser controls. Some browsers make it possible for you to signal that you do not want your internet browsing activity to be tracked. Disabling tracking may interfere with your use of the website and the services provided on the website. After your initial visit to the website we may change the cookies we use. This policy will always allow you to know who is placing cookies, for what purpose and give you the means to disable them so you should check it from time to time.

The cookies listed below are essential in order to enable you to move around the website/music library and use its features. Without these cookies, services you have asked for (such as using the music player or the website etc.) cannot be provided.

Performance cookies

We make use of analytic cookies to analyse how our visitors use our website and to monitor website performance. This allows us to provide a high quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We might also use these cookies to highlight articles or site services that we think will be of interest to you based on your usage of the website. The information collected by these cookies is not associated with your personal information by us or by our contractors. The following Google Analytics, other third party provider cookies and our own cookies are used.

The following analytic cookies from Google Analytics and our own cookies are used.

Website functionality cookies

We make use of cookies to provide you with certain functionality. For example, to remember choices you make (such as your user name, language or the region you are in), or to recognize the platform from which you access the site, and to provide enhanced and more personal features. These cookies are not used to track your browsing on other sites.

 

HTML e-mail web beacons

Our emails may contain a single, campaign-unique “web beacon pixel” to tell us whether our emails are opened and verify any clicks through to links within the email. We may use this information for purposes including determining which of our emails are more interesting to you, to query whether users who do not open our emails wish to continue receiving them. The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, you should select to receive emails from us in plain text rather than HTML.

Use of addresses and web logs

We may also use your IP address and browser type to help diagnose problems with our server, to administer our website and to improve the service we offer to you. An IP address is a numeric code that identifies your computer on the internet. Your IP address might also be used to gather broad demographic information. We may perform IP look ups to determine which domain you are coming from (e.g. google.com) to more accurately gauge our users’ demographics.

 

This policy does not cover third party websites

Please note that this cookie policy does not apply to, and we are not responsible for, the privacy practices of third party websites which may be linked to this website.

 

Changes to the Cookies Policy

We may update this cookie policy and we would encourage you to review the policy from time to time to stay informed of how we are using cookies.

Last Updated on 01 July 2020

©2020 by Sync Music Now