Terms of Service
Last Updated: August 2019
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SERVICE TERMS:
This website is operated by SongTub. Throughout the site, the terms “we”, “us” and “our” refer to Tub Media, LLC (dba “SongTub”). SongTub offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice, though we will likely reach out if you are a subscription customer and we do make a change. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless SongTub and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
MUSIC LICENSE TERMS:
This is an agreement between TUB MEDIA LLC, doing business as SongTub (“SongTub”) and you, or the employer on whose behalf you are entering this agreement (“you”). By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions (the “Agreement”) as it pertains to the license you purchase.
SongTub offers a single license for music synchronization.
Definitions
● Media: Content to which Music may be synchronized with.
● Music: A piece of recorded audio available for license from SongTub.
SongTub Non-Exclusive Licenses
● By purchasing a SongTub license, SongTub grants you the limited, non-exclusive, non-transferable, worldwide right and license, in continuance to modify (subject to usage limitations) and use our Music in accordance with the terms and conditions of the Agreement, as applicable. In accordance with the license you purchase, you agree to pay SongTub the specified license fee based on our current website rates.
● Previews of our Music are available for streaming on the SongTub website. They are for internal testing and client approval purposes only. Previews may not be downloaded, contact SongTub if download arrangements must be made.
● Please read through the license details and limitations below
EDUCATIONAL MUSIC LICENSE
Our Educational Music License allows you to synchronize the Music with media for educational purposes only, including but not limited to:
• Class Projects
• Rehearsal or practice of video producing, editing, directing, etc.
• Portfolio pieces on private websites or video search engines (YouTube, Vimeo, etc.)
• Educators website, local television and social media platforms (non-advertising)
• Contest submissions
The educational license does not cover commercial usage (see SongTub PRO license below).
PROFESSIONAL MUSIC LICENSE (SONGTUB PRO)
Our SongTub PRO music license allows you to synchronize the Music with unlimited Media in the following ways.
● Media, including Commercially Distributed* Media, including but not limited to:
a) Background of Streaming Content (Netflix, Amazon Prime, Etc.)
b) Background of Televised Programming (Not intro/transition theme)
c) All digital advertising (Pre-roll, social, etc.)
d) Independent and Student films & trailers
e) Independent & DLC games (no physical distribution)
f) Corporate Videos & Internal Use
● Any Film, Game, Theatre, or Advertising Production including but not limited to:
a) Television (Broadcast, Cable, or “On-Demand”)
b) On the radio
c) Out of Home Advertising
d) In Theatres
● Any “Point of Sale” locations, including but not limited to:
a) Shopping Centers
b) Retail Displays
c) Showroom Videos
d) Trade Shows, Events, & Exhibitions
● All terms covered in the educational license
*Commercially Distributed Media is defined as the distribution via digital download or online stream of any Media if the Media is intended to generate revenue to you.
YOU MAY NOT:
● Sell, transfer, sublicense, share, give away or assign the Music or your rights granted by the license purchased to any other individual or organization.
● Resell the Music by itself, except solely as embodied within your Media.
● Resell the Music (or allow access) in any manner that would enable a third party to download the Music as a separate file.
● Resell the Music (or allow access) as part of any competing music library product.
● Sell the Music (or allow access) as, or as part of, your music or as your song, even if it has been transformed, sampled, edited, or enhanced with other instruments or vocals.
● Claim to be the creator or copyright holder of the Music.
OWNERSHIP & CONTROL
You hereby acknowledge that SongTub is and remains the owner of all right, title and interest in the Music, including without limitation of any copyrights therein. The Music is protected by and subject to United States and international copyright laws. This license is nonexclusive and SongTub retains the right to sell licenses of the Music to third parties at its sole discretion.
AVAILABILITY
SongTub makes every effort to make sure that all Music on its online library is made available for licensing at all times. However, SongTub makes no warranty that all Music will be available at all times. SongTub may discontinue licensing certain Music at its sole discretion. In the event that SongTub gets a notice or otherwise concludes that any Music may be subject to a claim of infringement of another’s right for which SongTub may be liable, SongTub may require you to immediately stop using the Music, delete or remove the Music from its premises, computer systems and storage; and ensure that its clients do likewise. In this event, SongTub shall provide you with comparable content free of charge, but subject to the terms of this Agreement.
WARRANTY & LIABILITY
The total liability of SongTub under this Agreement arising from your use of any Music shall be limited to the license fee paid by you for such Music. You hereby agree that this license is granted to you without any other warranty or recourse.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@www.songtub.com or by mail at 9511 NE Hazel Dell Ave Unit A7 Vancouver Washington US 98665.
