Last Updated: March 1, 2016

TERMS OF USE

This Terms of Use Agreement (“Agreement”) is an agreement between you (“you” or “user”) and SoundExchange, Inc. (“SoundExchange”). The Agreement governs your access and use of soundexchange.com and its web pages, interactive features such as SoundExchange Direct, SoundExchange Licensee Direct, applications, and respective contents, and the SoundExchange ISRC Search Site at isrc.soundexchange.com, whether accessed via computer, mobile device or other technology (collectively, the “Sites”). When you use the Sites, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of the Sites. If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement or use these Sites and fulfill the obligations set forth in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITES.
CHANGES TO THIS AGREEMENT

SoundExchange reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. Please review the terms and conditions periodically. Your continued use of the Sites following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

PRIVACY

In addition to these terms and conditions, please review SoundExchange’s Privacy Policy, which also governs your use of the Sites.

OWNERSHIP OF INTELLECTUAL PROPERTY

The Sites (including all content and features) (“Content”) are the property of SoundExchange or its licensors and are protected by copyright, trademark, and other laws of the United States and other countries. You will not obtain any ownership interest in the Content or the Sites through this Agreement or otherwise. Absent SoundExchange’s express written consent no portion of the Content may be used for any purpose other than personal, noncommercial use and all users must maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via a third-party website) without the express prior written consent of SoundExchange.

The foregoing prohibition includes, but is not limited to, the practice of embedding SoundExchange website pages (or parts thereof) in “frames” or other pages offered from other sites, and “mirroring” Content from the Sites on a server other than that operated by SoundExchange. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content in any way at any time. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

LINKS TO THIRD PARTY SITES

The Sites include links to other sites operated by third parties. The appearance of these links does not constitute endorsement by SoundExchange, its officers or directors of the opinions or views expressed by these linked websites and SoundExchange does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, SoundExchange is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither SoundExchange nor its officers or directors, will be responsible for any errors or omissions or for the results obtained from the use of the information contained in these sites. To the extent that these sites collect personal information or postings from end users, be advised that in no event shall SoundExchange assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from the use and/or appearance of the information on these sites. Additionally, you should consult these other sites’ privacy policies regarding their use of your information.

SOUNDEXCHANGE LICENSEE DIRECT

SoundExchange does not make determinations as to whether each of the many services performing sound recordings (“Services”) that rely on the statutory licenses under Sections 112 and 114 of the Copyright Act is eligible for statutory licensing, nor does it continuously verify that such Services are in full compliance with all applicable requirements. Accordingly, SoundExchange’s acceptance of a Service’s payment does not express or imply any acknowledgment that a Service is or has been eligible to make use of the statutory licenses or is in compliance with the requirements of the statutory licenses. By accepting payment, SoundExchange is not waiving any claims, including but not limited to claims that the Service is ineligible for or non-compliant with the statutory license, that payment is partial or incomplete, or that payment is based on a miscalculation of royalties owed. The failure to submit compliant payments or statements of account on time may subject a Service to late fees. Moreover, the failure to comply with the terms of the statutory license may expose a service to significant risk of liability for copyright infringement. Each Service using SoundExchange Licensee Direct shall be solely responsible for the accuracy and completeness of all information submitted. To the extent that SoundExchange provides a Service with any data or information related to sound recordings, including, but not limited to International Standard Recording Codes (“ISRCs”) (collectively, the “SoundExchange Data”), use of such SoundExchange Data shall be restricted to the Service, or the authorized agent engaged by the Service to provide reports of use to SoundExchange pursuant to the Code of Federal Regulations, solely to provide more accurate reports of use to SoundExchange and for no other purpose. In addition, SoundExchange provides all SoundExchange Data “as is”, and makes no warranties, express or implied, and specifically disclaims all warranties of any kind, including any warranty of merchantability, fitness for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance and with respect to the SoundExchange Data. A service may not rely on any errors, glitches, bugs, or other malfunctions associated with SoundExchange Licensee Direct, and shall have an affirmative obligation to report any errors, inconsistencies or other defects related to SoundExchange Direct to SoundExchange. Each service is solely responsible for making payments and submitting statements of account and reports of use that comply with applicable law and regulations.

SOUNDEXCHANGE ISRC SEARCH SITE

You may use the data contained in the ISRC Search Site solely to enable you to uniquely identify sound recordings, and more accurately report on your use of sound recordings. You may not systematically or automatically collect, scrape, harvest, or use other means to copy data from the ISRC Search Site. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any content found on the ISRC Search Site to any third party (including, without limitation, the display and distribution of such content via a third-party website). The foregoing prohibition includes, but is not limited to, the practice of embedding the ISRC Search Site (or parts thereof) in “frames” or other pages

HOW TO CONTACT SOUNDEXCHANGE

If you have any questions about these terms and conditions, please contact us as follows:

By E-mail: [email protected]
By mail: SoundExchange 733 10th Street, NW 10th Floor Washington, DC 20001