Terms & Licensing

Terms and conditions
License agreement
The following terms and conditions of use, together with all other documents mentioned in this agreement, define the terms of use under which you can use SOUNZONE website (as defined below) so please read carefully the content and make sure you understand it.

By accessing the Site and/or performing the registration procedure (login), you declare to accept this Regulation and to respect the terms and conditions of use of the Site; if you do not accept the content or intend not to comply with these terms and conditions, you must immediately stop using this website.

Please be mindful of the fact that we occasionally update Terms and Conditions, so please refer to them in the future.

SOUNZONE s.r.l. (hereinafter referred to as “SOUNZONE”), with registered office in Turin (ITALY), Corso Fiume 12 (VAT 12263650017), is the owner of the Sounzone trademark and domain website https://www.sounzone.com (hereinafter referred to as the ” Site “), through which SOUNZONE makes musical works of various kinds accessible to the public in digital format, for the main purpose of granting synchronization licenses with other multimedia projects. For the performance of these services, SOUNZONE provides users with a catalogue of musical works and a tool for the simultaneous synchronization of images and music.

The correct execution of the operations envisaged is conditional on the correct usage by the part of the user of the Internet, computers and software involved. SOUNZONE is the owner or licensee of the rights required to allow the operations permitted on the Site and those requested by the user unless otherwise indicated on the Site.

  1. DEFINITIONS


For the purposes of this Regulation, the following definitions are assumed. “Site”: the website registered under the domain name sounzone.com; “Streaming”: the making available of the musical works in digital format to the public through the Site server, so that users can access them through an IT device, without being able to store them permanently; “User”: those who access the Site, identified by means of unique passwords and user IDs conferred through the registration or registration procedure (log in); “Regulation”: this agreement; “Registration data”: user’s data entered to complete the registration forms contained on the Site, in order to obtain access to Site services; “Download”: the downloading in digital format from the Site server to the user’s device, such as to allow a permanent copy of the Recording of the musical work; “Work”: composition of music and / or texts, fixed on phonogram; “Recording”: a recording of the sounds coming from an interpretation or performance or of other sounds or of other representation of sounds, made with any method and / or on any support, which, in the context of this agreement, concern the recording of musical works; “Making available to the public”: form of communication to the public on demand, consisting of the interactive communication of intellectual works to a distant audience , such as, for example, downloading and streaming; “Registration procedure”: means the registration procedure contained on the Site concerning the collection of user identification and information data requested by SOUNZONE for the granting of synchronization licenses; “Sync tool”: the synchronization software on the Site; “Synchronization”: combination of phonograms and / or fragments of the same with other multimedia works, such as, by way of example, commercials (on radio, television, cinema, broadcast on a closed circuit), audio-visual work in general, work published on support (DVD , CD-rom, compilation), website, non-commercial television or radio broadcast (network promo, theme song, break, background for journalistic programs, background for promotional activities), soundtrack of cinematographic and related works.

  1. CHANGES TO TERMS OF USE


SOUNZONE, from time to time and in its sole discretion, may change, increment or revise these terms of use, including the Privacy policy and the License Agreement; the user agrees to accept such changes, modifications, or revisions. Continued use of the Site after changes have entered into force, indicates that you have read, understood and accepted all changes to Regulation.

  1. USER REQUIREMENTS


Before proceeding with registration and request one of the services on the Site, the user must verify that his / her electronic and/or telematic tools have the necessary requirements for their correct use. SOUNZONE assumes no liability for the failure or inaccurate use resulting from the lack of the necessary requirements.

SOUNZONE grants permission to access and use the Site, as established in these terms of use. The user must be at least 18 years old to use the Site. People under the age of 18 may use the Site only with the authorization of and in the presence of a parent or legal guardian or under the account of that parent or legal guardian, and, in any case, they are subject to these conditions of use. Therefore, if you make transactions or attempt to make transactions with SOUNZONE, or send or try to send personal information through SOUNZONE, this means and guarantees that you are of legal age (or, if you are a minor, you have the authorization of parents to use the service of the Site in the presence of your parent or legal guardian) and that you agree to use the Site according to these terms and conditions.

  1. USE OF THE SITE


The Site and any content accessible through the Site are for personal use only: for each purchase of a license, SOUNZONE guarantees a non-exclusive, non-transferable license, in accordance with the License Agreement, except as expressly provided elsewhere.

The user agrees to use the Site, including all the features and functions associated with it, in accordance with all applicable laws, rules and regulations and any other restrictions on the use of the Site or what is contained therein. Except as explicitly authorized in these terms of use, the user agrees not to archive, download (in addition to caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create works derivatives, offer for sale or use content and information contained or obtained from or through the Site, without the express written authorization of SOUNZONE. Users also agree to: (i) not avoid, remove, alter, disable, degrade or contrast protections of the content on the Site; (ii) not to use any robots, spiders, scrapers or other illegal ways to access the Site; (iii) not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (iv) insert codes or manipulate the content of the Site in any way, or (v) use any method of data mining, data collection or extraction. Furthermore, the user agrees not to upload, publish, send, by e-mail or in any other way, transmit material designed to interrupt, ruin or limit the functionality of any computer software or hardware or telecommunication equipment associated with the Site, including software viruses or other codes, files or programs.

  1. COMMUNICATIONS


All communications between the owner of the Site and the user will be done in form of email through contact details provided by the user during the registration procedure and via the email address service@sounzone.com.

  1. PAYMENTS


Payment services by credit card and bank transfer are all valid and accepted payment methods. All amounts, both for licenses and for subscriptions, must be paid in full and in advance before receiving the licenses unless otherwise communicated by SOUNZONE during the purchase phase.

  1. AUTHENTICATION CREDENTIALS


Credentials for accessing the services of the Site are assigned to the user at the time of registration through a special form on the Site, subsequently confirmed by the e-mail of registration. The services offered through the Site have personal nature, therefore the user, upon assigning the authentication credentials, assumes the obligation to keep them safe, not to communicate or transfer them to third parties and to keep them confidential, in order to prevent unauthorized access.

In the event that, for any reason, including the hypothesis of theft, credentials should become known by third parties, the user has the obligation to immediately inform SOUNZONE, so that we can proceed to replace them. In the event that the user is no longer able to access the site by entering the registration data, or is no longer able to change the password, must immediately communicate SOUNZONE using the contact information on the site.

The user assumes personal liability for the data declared in the fields of the registration form and for the consequences that may derive from false declarations. In case of non-correspondence of what the user declares SOUNZONE reserves the right not to enable or disable the user from accessing the Site and/or other services, without any obligation of notice or reason and without prejudice to the right to take appropriate legal actions.

All data provided by users in the registration procedure described will be processed by SOUNZONE, in accordance with what is indicated on the page dedicated to the Privacy policy.

  1. RIGHTS ON THE SITE


The Site in its entirety, its viewable and/or reproducible contents, as well as any other application, such as, for example, musical works, images, graphics, artworks, synchronization tool and price calculator, are protected by Copyright. The owner of the site makes its contents available to the public (in an interactive form and on-demand) and, with this Regulation, grants a limited license for the reproduction and display of the pages of the site for personal use; any different and further use with respect to those expressed is to be considered prohibited. Users are solely liable for the materials they upload, send, transmit, create, modify or otherwise make available through the Site.

The user is the only one liable for all consequences derived from uploading, sending, modifying, transmitting, creating or making available to the public in other ways the projects created through synchronization, therefore, he or she accepts and declares to release SOUNZONE from any liability and harmful consequence that may derive from the illegal use of the aforementioned material protected by copyright.

The use of the synchronization tool is allowed only if the user is able to guarantee: (a) to have authorizations, rights or consents relating to the material uploaded to synchronization platform; (b) to be authorized to use trademarks, distinctive signs, trade secrets or other intellectual property rights for any use contemplated by the Site under these Terms; (c) to have the consent and/or authorization for each individual identifiable in the images and/or videos uploaded by the user to the synchronization platform; (d) to have authorization and/or consent from the owner of the images, of any type, present in the video uploaded by the user to the synchronization platform.

  1. PROHIBITED ACTIVITIES


SOUNZONE reserves to itself the incontestable right to evaluate and take the most appropriate legal actions against those who violate the terms of this Regulation, including reporting to competent authorities.

By way of example, here follows a list of activities not allowed during the use of the Site: (a) illegal activities according to applicable laws (national and international), including crimes related to child pornography, scams, exchange of obscene material, illicit trafficking, gambling, threats and harassment, the spread of viruses or other harmful files; (b) advertisements or promotions aimed at any user, registered or not, or aimed at the purchase or sale of any product or service through the Site, except when expressly authorized; (c) use of any information obtained through the services of the Site in order to contact, advertise, promote or sell products or services to other users (registered or not) without their explicit consent; (d) interference, interruptions or overloads of the services of the Site or of the networks or services connected to the services of the Site.

The user undertakes not to copy, reproduce, alter, modify or disclose the contents of the Site, in a manner different from what provided for in this agreement, without express authorization, in writing, by SOUNZONE or by third parties who own the rights on these contents.

  1. WITHDRAWAL AND CANCELLATION


Registered users have the right to cancel their registration on the Site without any need for reasons. SOUNZONE will promptly delete the user’s data from its database, with the understanding that the cancellation request cannot, in any case, be considered as retirement from any orders and/or requests from SOUNZONE. SOUNZONE reserves the right to deny and/or prohibit future access to the Site and/or deny the services offered in the event of failure by the user to comply with the conditions indicated in the Regulation, without prejudice to the rights of SOUNZONE to the payment of the fees accrued and any compensation for the damages suffered at the date of termination.

If you reside in a country which is part of the European Union and have purchased a Subscription plan, you have the right to terminate the Subscription, by sending an e-mail to service@sounzone.com and receive a full refund within fourteen (14) days of purchase (the “cooling-off period”), but only if you have not downloaded any music work(s)/recording(s)  (meaning that you have started to consume the subscription).

For the avoidance of doubt, if you terminate this agreement after the cooling-off period is over (where applicable), SOUNZONE will not refund any subscription fees already paid by you.

  1. LIABILITY


SOUNZONE disclaims any liability for the behavior, both online and offline, of users of the Site.

SOUNZONE also declines all liability for errors, omissions, interruptions, cancellations, defects, operational or transmission delays, line failures or communication, theft, destruction, unauthorized access or alteration of any communication made by users (whether registered or not), as well as in relation to any problem or technical inconvenience of networks or telephone lines, online processing systems, servers or providers, IT equipment, software, e-mail or reproduction software errors due to technical problems or to high traffic on the Internet of the Site services or a combination thereof.

The services on the Site are provided according to technical availability; SOUNZONE does not guarantee its continuous, safe, error-free or interruption-free supply and cannot guarantee or promise the achievement of specific results following the use of the services, in addition to what is agreed in the Regulation.

  1. SUBSCRIPTION, BILLING AND CANCELLATION

  2. a) Subscription. The subscription to the services of the Site will have a duration of (i) 1 month or (ii) 12 months, starting from the payment, and will automatically renew for the next 1 month/12 months, as designated by you when purchasing a Subscription (each such period a ” Subscription Period”) until terminated by you or by SOUNZONE prior to the end of the then-current Subscription Period.


Cancellation must be communicated at least 7 (seven) days before the end of the monthly/annual subscription period. It is necessary to have Internet access and provide us with a valid and accepted payment method (as such can be periodically updated) to use the Site.

  1. b) Renewal. The subscription is automatically renewed for further (i) 1 month or (ii) 12 months unless the user notifies cancellation within 7 (seven) days before the end of the Subscription Period. To prevent the automatic renewal of the subscription, the user must communicate by e-mail the intention not to renew the subscription, within the time limits indicated above; if we receive notice of cancellation outside these terms, the subscription will renew and the user will not be entitled to any refund.

  2. c) Different subscriptions. We may offer different type of subscription plans, including special promotional plans or subscriptions with different conditions and limitations. Any terms substantially different from those indicated here will be communicated at the time of registration or in other communications made available to the user.


Some promotional subscriptions may be offered by third parties, together with the supply of their products or services. SOUNZONE is not responsible for the products or services provided by these third parties and reserves the right to terminate or otherwise modify the subscription plans offered.

  1. d) Invoicing. By providing a payment method, you authorize us to charge you the monthly/annual subscription fee at the rates in force at that time.

  2. e) Price changes. We reserve the right to change the prices of our subscription service or its add-ons in any way and at any time, at our exclusive and absolute discretion. Unless otherwise expressly provided for in these subscription terms, the user will be informed via email of any changes in the subscription service price, which will take effect upon renewal of the subscription, unless otherwise communicated.

  3. f) Refunds. All payments are non-refundable and there are no refunds or credits for subscription periods used only partially, except for when expressly agreed in writing by SOUNZONE. At any time and for any reason, we can provide a refund, a discount or other fees to some or all of our users. The amount and form of these credits and the decision to provide them are at our sole and absolute discretion. The provision of credit in one case does not entitle you to credit in the future for similar cases, nor does it oblige us to provide credit in the future under any circumstances.

  4. g) Method of payment. You can change the information on the payment method by visiting the Site and clicking on the “Log in” link. If payment is not settled correctly, due to deadlines, insufficient funds or other reasons, and you do not change the information on the payment method or cancel your account in accordance with the Regulation, you remain responsible for any unpaid amount, for the entire 1month/12 month period.

  5. h) Account closure. Except as otherwise provided in this Regulation, the user agrees that SOUNZONE, in its exclusive and absolute discretion, may deactivate the user’s account or otherwise interrupt the subscription service, if it believes that the user (a) did not pay the subscription fee; (b) has violated the Regulation; (c) violated industrial, intellectual property rights, trademarks, patents of the Site and/or contents of the Site protected by copyright; (d) sent, published, uploaded or transmitted unauthorized content; (e) has violated or acted in a way incompatible with the Regulation, our Privacy policy, the License Agreement or any further agreements reached with SOUNZONE.


The user agrees that any deactivation and/or termination of his access to the subscription service, for the reasons mentioned above, can be carried out without notice and without the right to any refund and/or compensation and that SOUNZONE will not be liable in its comparisons, nor towards third parties, for the consequences deriving from the closure or deactivation of user’s account.

  1. g) Trials. User may receive a discount code or free offer/a free trial period provided by SOUNZONE or from a third party acting on behalf of SOUNZONE for access to a paid service; in that case, separate additional terms and conditions for such offer may also apply to such access to the site and user must agree to comply with such terms in order to be able to use SOUNZONE services.


If have been offered a free trial, SOUNZONE reserves the right, in its sole discretion, to determine your eligibility for a trial, and if users determined not to be eligible, modify the trial at any time with prior written notice. At the end of such trial, and if user has not decided to terminate the agreement, SOUNZONE will automatically terminate all account permissions and/or authorizations.

  1. APPLICABLE LAW AND DISPUTE RESOLUTION


Except as where provided by national and international legislation on contracts concluded between professionals and consumers, this Regulation is governed and interpreted in accordance with Italian laws and the parties, with observance to this Regulation, accept the exclusive jurisdiction of the Italian judges.

Italian law, substantial and procedural, applies to this Regulation, as well as to all relationships governed by it, arising, deriving from it or in any case connected, also with reference to the execution, resolutions, withdrawal. For any dispute that may arise because of this agreement, the Court of Milan (Italy) must be considered the exclusive competent court.

If a part of this Regulation will be considered invalid or unenforceable by a judicial authority of the competent jurisdiction or by any other authority having jurisdiction to take such a decision, the rest of the Regulation will remain in full force and effect.
This license agreement (“Agreement”) is entered into between you, or the employer on whose behalf you are entering into this agreement, and SOUNZONE s.r.l. (hereinafter referred to as “SOUNZONE”), with registered office in Turin, Corso Fiume 12 (VAT 12263650017), and establishes terms and conditions under which licenses are granted for musical works/recordings synchronization.

You hereby confirm: (1) that you have read this Agreement and that you have understood what is expressed therein and that you accept its contents; (2) that your age does not prevent you from legally engaging with SOUNZONE and that there is no other legal impediment for this Agreement; (3) that you are authorized to engage under this Agreement, either personally or for the company in which you are an employee or for your client.

Furthermore, you hereby confirm that you have understood and accepted the Regulation and that you are aware that SOUNZONE is the owner and/or the licensee of all the rights of the works/recordings current on the SOUNZONE website, including all intellectual property rights and copyrights, and not to claim any right on the works/recordings on the Site, except for the right of use granted under license as specified in the Regulation and within this Agreement.

In any commitment made with third parties regarding audio-visual projects, the user agrees to act to the best of his ability to protect the works/recordings from coping or illegally use.

  1. OPENING AN ACCOUNT


To use the services of the Site and to obtain the sync license of the works / musical recordings current on SOUNZONE, it is necessary to open an account on the SOUNZONE website, per the provisions of the Regulation, and, where required, pay subscription fees.

It is prohibited to provide a non-existent e-mail address or an e-mail address that does not belong to you, or to represent another person or another entity or to mislead, in any other way, your identity, or details of payment. This Agreement will enter into force after payment of the subscription fees. You are required to guard the confidentiality and security of your account details (username and password) and you will have full and exclusive liability for all activities related to your account. The owners of the Site must be informed immediately of any unauthorized use of their account.

  1. LICENSES TYPES


Upon purchase of subscription and subject to fulfillment of all your undertakings according to the Agreement herein, you are hereby granted a nonexclusive license to download musical works included in the SOUNZONE repertoire and to use them for integrating and/or synchronizing them in projects and productions combining sound, text, and images, such as video clips and segments, advertisements, presentations, applications, games, animations, slides, multimedia, podcasts, audiobooks, software, films, series, various programs and so on (projects). The term work (or works at plural) used in the Agreement herein refers both to the sound recording and to the musical work embodied thereon available in the SOUNZONE Repertoire.

All authorizations, permissions and limits related to the various types of subscriptions are detailed in the SOUNZONE website page dedicated to prices and subscriptions, to which reference is expressly made here.

By registering and / or subscribing, the user has the opportunity to obtain different types of sync licenses for each musical works/recordings current in the SOUNZONE repertoire:

  • Synchronization license for non-commercial use.


“Non-commercial use” means the purpose of using an audio-visual having different characteristic than advertising. The license for non-commercial use is reserved for using synchronized work/recording in multimedia projects that do not have advertising and/or promotional purposes.

You can use this type of license when the project to which the work / musical recording is associated is carried out without advertising purposes and does not directly promote an activity, a brand, a product or a service, for commercial, promotional or advertising purposes.

With a SOUNZONE subscription, the user has a non-commercial use synch license for each work/recording currently in the SOUNZONE repertoire.

  • Synchronization license for commercial use.


“Commercial use” means the purpose of using an audio-visual project with an advertising nature. The license for commercial use is reserved for using work / musical recording synchronized in a project for promotional and/or advertising purposes.

If the content of your project is promoting, advertising or carrying out a commercial promotion function for a brand, product or service, you must apply for the License for commercial use.

You can get an instant price of the commercial use license with the License Calculator on the Site.

For any doubts about which license to buy, please check the summary of licenses “subscription covers” page or ask our team by sending an email to service@sounzone.com.

We remind you that in order to correctly report the works licensed by SOUNZONE and synchronized in the cinematographic, radio and television fields and, in general, for any audiovisual broadcasting service, it is necessary to correctly fill in the “cue sheets” required by the authorized collecting society and to report all the data related to the rights holders, including title of the musical work, authors and publishers.

In such circumstances, it is mandatory to send a copy of the “cue sheet” document by e-mail to service@sounzone.com and SOUNZONE will provide all the necessary information for the correct filling of the form.

 

  1. NON-COMMERCIAL USE LICENSE CONDITIONS


For signing up for a SOUNZONE subscription, and subject to the fulfilment of all the commitments established with this Agreement, you are granted a non-exclusive license to download all works/recordings current in SOUNZONE repertoire and to use them for synchronization with projects and/or productions with different purposes than advertising, which combines sound and/or text and/or images, such as, for example, a musical column of movies or TV series, the background of television programs, TV series, radio programs, backgrounds for audio-visual projects on social media (for example Youtube, Instagram, Facebook, etc ..), podcasts, educational projects, video game music, backgrounds for websites or applications for mobile devices, which are not, however, aimed at promoting a brand and/or a product and/or service.

The license includes the right to show and/or reproduce publicly and/or to distribute synchronized works/recordings as part of the projects, with all existing communication media, including smartphones, tablets, personal computers, websites, social networks, on video sharing sites (such as YouTube, etc.), on television or in any other known media.

Non-commercial use licenses give you the right to make lawful use of the musical works/recordings repertoire currently on SOUNZONE and do not limit the number of projects to which you can synchronize all works/recordings.

In any case, a non-commercial use license is personal and non-transferable. The licensee is the person whose name is identified in the subscription purchase form; if the user is a legal person, the licensee will be specified in the subscription purchase form and will be identified with the company data. The non-commercial use license is not exclusive and all works/recordings current on SOUNZONE will be available for use and synchronization license of other users as well. SOUNZONE has the right to add and/or remove musical works/recordings from the entire repertoire from time to time, at its exclusive discretion, and the user cannot advance any claims in this regard.

This Agreement does not limit SOUNZONE in any way to transfer and/or sell and/or grant licenses for any works/recordings, completely or in part, to third parties, at its exclusive discretion.

The non-commercial use license is always valid, without time limits, as long as the works/recordings have been downloaded with a valid subscription. The subscription grants access to musical works/recordings for the Subscription Period and it is automatically renewed every month/year unless you decide to cancel the subscription, as indicated in the Regulation.

When you cancel your SOUNZONE subscription, you will be prohibited from making any use of the works/recordings downloaded from SOUNZONE, without prejudice to synchronization rights of the works/recordings obtained by the user when the SOUNZONE subscription was active.

Any use of the works/recordings that have been downloaded during the period in which the account is deactivated will be considered a violation of this Agreement as well as a violation of copyrights, without prejudice to the rights acquired for the works/recordings when the SOUNZONE subscription was active.

In the event of termination and/or cancellation and/or closure of the subscription, for any reason, even the license for non-commercial use granted under the subscription will be considered automatically terminated.

3.1. Limitations of use

Hereby, you undertake: (i) not to sell and/or transfer and/or share and/or grant a license to use and/or allow others to re-register and/or show and/or communicate to the public and/or copy and/or distribute, in any way, the works/recordings of SOUNZONE repertoire; (ii) not to use any of the works/recordings as a separate file and/or to show it as a separate file and/or make it available for download as a separate file; (iii) not to make any illegal use of the works/recordings; (iv) not to use the works/recordings for the purpose of providing a service in competition with SOUNZONE, such as a music collection, library, database or in any other way.

The non-commercial use license is granted for lawful purposes only and, therefore, it is forbidden to use the work/registration in connection with any material or otherwise in a manner or context that is defamatory, illegal or as incitement 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 work/registration. You shall comply with any applicable laws and regulations. Moreover, you may not use the work/registration in connection with sensitive subjects without the prior written consent of Sounzone, such as, for example, political content, advertisement or endorsement of any party, candidate or elected.

With a non-commercial use license, the user has the right to edit the work/recording or parts of it for the sole purpose of adapting it to his audio-visual project, being understood that the result of the modification and/or manipulation activity is subject to the same terms as the license agreement.

You hereby confirm that you are aware that the license granted by SOUNZONE under this Agreement is not transferable and cannot be sub-licensed.

3.2. Prohibited uses

It is expressly forbidden to use works/recordings illegally and/or in any other way that could damage the artist(s), the reputation of SOUNZONE and/or third parties connected to them.

In any case, the user is expressly prohibited from: (a) licensing, distributing, selling or transferring works/musical recordings or rights to works/musical recordings; (b) reverse engineering, decompiling, converting or disassembling any part of the musical works/recordings; (c) copying or reproducing the musical works/recordings, except as for what is specifically specified in the license conditions; (d) transcribing the musical works/recordings into a staff or other form of transcription; (e) removing notes on copyright, trademarks, electronic information on the rights regime or technological measures for the protection of rights; (f) using the works/musical recordings to compete with the owners of the Site; (g) using the works/musical recordings in any way that could be considered defamatory, pornographic, offensive, immoral, obscene, fraudulent or illegal, harmful to the author’s honor and reputation, and/or making changes to the musical works/recordings, either as a result of synchronization with text or other images or in any other way.

SOUNZONE reserves the right to determine, at its discretion, whether the use of a synchronized work/recording in a project developed by the user constitutes a violation of this article and the user undertakes to accept the decision that will be taken.

It is also forbidden to use works/registrations in any way contrary to the provisions of the authorities of the country in which the project is used and/or which is prohibited by the legal provisions of the country or countries in which the project to which the musical work is synchronized is used.

SOUNZONE may request the immediate termination of the use of any of the licensed works/registrations in the event that it receives a notification that the work/registration has violated the rights of third parties.

When you are informed that using any of the works/recordings is prohibited, you undertake to cease using it and to take all necessary actions to make it known to anyone who has an interest in ceasing the use mentioned above.

3.3. Non-commercial use license fee

Non-commercial use license for any work/recording of the SOUNZONE repertoire is included with the SOUNZONE subscription fee.

  1. COMMERCIAL USE LICENSE CONDITIONS


The commercial use license is granted for the use of a synchronized work/recording in a project with sponsored, promotional and/or advertising purposes, such as, for example, a commercial, advertising, propaganda or advertisement created for television, cinema, radio, web or any other communication media, aimed at promoting a brand and/or a product and/or service.

Each commercial use license granted by SOUNZONE is for single use only, so users have the right to synchronize the work/recording selected with a single multimedia project.

For the purchase of a commercial use license, the user must declare, in the appropriate form on SOUNZONE Site, the audio-visual project to which the work/registration will be synchronized, describing the type of project and any trademarks and/or products and/or services with which they will be associated (e.g. the title of the promo, product/brand/service or the name of the advertising campaign).

This information is essential for granting the license and, in the event of distorted, untruthful or false information, the user will respond to it under the civil and criminal profiles required by law.

With the purchase of the commercial use license, the user is granted the use of the work/synchronized registration according to the terms and limitations specified in the license text, which, in addition to what is provided for in this Agreement, will be processed based on the choices and data entered by the user at the time of purchase on the Site. Once the license fee has been paid, SOUNZONE will send the particular license conditions.

4.1. Limitations of use

Commercial use license is expressly limited and restricted to the use, conditions and terms specified in particular license conditions sent by SOUNZONE and therefore: (a) it is explicitly forbidden for the user to synchronize the work/registration for uses other than those selected on the Site at the time of purchase; (b) the user is explicitly prohibited from using the work/recording synchronized with a Project other than that described at the time of purchase of the license; (c) it is explicitly forbidden to use the work/registration synchronized with communication media different from those selected on the Site at the time of purchase; (d) it is explicitly forbidden to use the synchronized work/registration in addition to the license period selected on the Site at the time of purchase; (e) it is explicitly forbidden to use the synchronized work/registration in countries and/or regions of the world different from those selected on the Site at the time of purchase of the license.

The commercial use license is granted for lawful purposes only and, therefore, it is forbidden to use the work/registration in connection with any material or otherwise in a manner or context that is defamatory, illegal or as incitement 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 work/registration. You shall comply with any applicable laws and regulations. Moreover, you may not use the work/registration in connection with sensitive subjects without the prior written consent of Sounzone, such as, for example, political content, advertisement or endorsement of any party, candidate or elected.

With the commercial use license, the user has the right to edit the work/recording or parts of it for the sole purpose of adapting it to his audio-visual project and it is understood that the result of the modification and/or manipulation activity is subject to same terms as the license agreement.

4.2. Prohibited uses

 It is expressly forbidden to use works/recordings illegally and/or in any other way that could damage the artist, the reputation of SOUNZONE and/or third parties connected to them.

In any case, the user is expressly prohibited from: (a) licensing, distributing, selling or transferring works / musical recordings or rights to works / musical recordings; (b) reverse engineer, decompile, convert or disassemble any part of the musical works / recordings; (c) copy or reproduce musical works / recordings, except as specifically indicated in the license conditions; (d) transcribe the musical works / recordings into a staff or other form of transcription; (e) remove notes on copyright, trademarks, electronic information on the rights regime or technological measures for the protection of rights; (f) use the works / musical recordings to compete with the owners of the Site; (g) use the works / musical recordings in any way that could be considered defamatory, pornographic, offensive, immoral, obscene, fraudulent or illegal, harmful to the author’s honor and reputation, or by making changes to the musical works / recordings, either as a result of synchronization with text or other images or in any other way.

SOUNZONE reserves the right to determine, at its discretion, whether the use of a synchronized work/recording in a project developed by the user constitutes a violation of this article and the user undertakes to accept the decision that will be taken.

It is also forbidden to use the works/registrations in any way contrary to the provisions of the authorities of the country in which the project is used and/or which is prohibited by the legal provisions of the country or countries in which the project to which the musical work synchronized is used.

SOUNZONE may request the immediate termination of the use of any of the licensed works/registrations in the event that it receives a notification that the work/registration has violated the rights of third parties.

When you are informed that using any of the works/recordings is prohibited, you undertake to cease using it and to take all necessary actions to make it known to anyone who has an interest in ceasing the use mentioned above.

4.3. Commercial use license fee

Commercial use licenses are grant for prices shown on the Site, through the License Calculator in the section dedicated to the purchase of “Commercial use” licenses, or communicated directly by SOUNZONE.

Prices for commercial use licenses are expressed in € (euro) and do not include VAT (22%, except for subsequent tax adjustments), except where expressly indicated in the offer.

4.4. Exclusivity

User can request exclusive use of the synchronization license. If the license is granted exclusively: (i) the user has the right to use the work/musical recording exclusively for the entire period of time indicated in the license text; (ii) SOUNZONE undertakes to limit the availability of the work/registration selected by the user who requested the exclusive use so that it is not available for purchase under license for other users.

  1. AVAILABILITY


SOUNZONE makes every effort to ensure that all the works/recordings that make up its selection are always available. However, it does not guarantee that all works/recordings will be available at all times; SOUNZONE may terminate and revoke any license granted for certain works/recordings, at any time, at its sole discretion.

Should SOUNZONE receive a notification or become aware, in any way, that any of the works/recordings could be subject to a claim for violation of the actor’s rights, SOUNZONE may request to immediately stop using the work/registration, to delete or remove the work/registration from its selection, from IT systems and to ensure that its customers do the same.

  1. FINAL PROVISIONS


User may not wholly or partially assigns or pledges any of its rights and/or obligations under this Agreement without SOUNZONE’s prior written consent. SOUNZONE 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.

Except as where provided by national and international legislation on contracts concluded between professionals and consumers, this Regulation is governed and interpreted in accordance with Italian laws and the parties, with observance to this Agreement, accept the exclusive jurisdiction of the Italian judges.

Italian law, substantial and procedural, applies to this Agreement, as well as to all relationships governed by it, arising, deriving from it or in any case connected, also with reference to the execution, resolutions, withdrawal. For any dispute that may arise because of this agreement, the Court of Milan (Italy) must be considered the exclusive competent court.

If a part of this Regulation will be considered invalid or unenforceable by a judicial authority of the competent jurisdiction or by any other authority having jurisdiction to take such a decision, the rest of the Regulation will remain in full force and effect.