Subscription Music License | UniteSync

Subscription Music License


1 Parties and introduction


1.1 The terms set forth in this Personal Plan Music License Subscription (this "Agreement") apply to the use of the subscription service for the UniteSync Online Player provided by UniteSync ("UniteSync").

1.2 By clicking "I agree" or otherwise signifying your acceptance of these terms and conditions (the "Agreement") 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 on the UniteSync Online Player website and incorporated herein by reference. You warrant that you are 16 years or older and of legal age and are authorized to enter into this Agreement, or otherwise have your parent or guardian's consent.

1.3 This Agreement grants you the right to use the Music Pieces in audio-visual and podcast productions created by you for the purpose to be used and distributed on your social media and podcast channel(s), in accordance with the terms below. If you want to use the Music Pieces for other purposes than the purposes expressly permitted under this Agreement, or if you are creating content for a corporate channel, meaning a channel owned and/or operated by a business and where the channel is not the primary product/service offered by such business, you can find other licenses on the website, and you can further contact UniteSync at hello@unitesync.com.

2 Definitions


In this Agreement the following words and expressions shall have the following meanings:

"Channel(s)" means your YouTube, Facebook, Instagram, Twitch, Twitter and podcast channel(s) that you have added to your account page. You may only have a single channel on each platform.

"UniteSync Online Player" means the website provided by UniteSync, currently with the URL address https://unitesync.com offering you access to search for, listen to and download the Music Pieces.

"Music Piece" means each and every sound recording contained in the UniteSync music catalogue in the UniteSync Online Player from time to time.

"Subscription" means the music service subscription offered by UniteSync, including access to the UniteSync Online Player and the right to use the Music Pieces on the Channel(s) 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, UniteSync hereby grants to you,

(a) for the term of this Agreement, and subject to UniteSync's continuous right to collect royalties from third parties as provided hereunder, the right to access the UniteSync music catalogue in the UniteSync Online Player, to make copies of the Music Pieces in order to synchronize them, in whole or in part, in your video and podcast productions that are produced for the purpose to be made available on the Channel(s) (the "Customer Productions"); and

(b) for the term of this Agreement and in perpetuity the right to upload and distribute any Customer Production containing any Music Piece on the Channel(s), provided that the Customer Production is completed, uploaded, and published on a Channel during the term of this Agreement.

The rights in (a) and (b) above do not include the right to collect public performance royalties with respect to the Music Pieces, or to license any third party the right to exploit any Customer Production, or to exploit any Customer Production in any other method, manner or media than those specifically provided hereunder. UniteSync expressly reserves such rights for itself (except as provided in Section 4).

3.2 The license granted under this Agreement does not cover usage of the Music Pieces in Customer Production(s) constituting advertisements (meaning productions published within paid media space, such as but not limited to online pre/mid/post-rolls). You further have no right to use the Music Pieces in any production that is produced for the purpose to be used, licensed, sold or in any other way exploited by any third party, including that you may not synchronize the Music Pieces with any production that promotes and/or integrates products and/or services of a corporate brand/entity, when such productions are intended to be uploaded or embedded on third party channels or websites.

3.3 You are not allowed to make available or in any other way exploit the Music Pieces 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. You can read more in the FAQ here;

3.4 You may not use the Music Pieces 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 UniteSync. 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 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


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 Productions on the Channel(s) (i.e. monetize). You are responsible for registering the Channel(s) with UniteSync, in accordance with the instructions that UniteSync provides from time to time ("whitelisting"). UniteSync monetizes on unlicensed use of the Music Pieces on YouTube and/or other platforms. Without correct whitelisting, UniteSync is unable to tell a licensed Customer Production from unlicensed use, and thus reserves the right to monetize any Customer Productions containing Music Pieces that are not correctly whitelisted. Should a Customer Production licensed under this Agreement be monetized or otherwise receive a claim from UniteSync, you may notify UniteSync at copyright@unitesync.com and UniteSync will discontinue such monetization/release the claim without undue delay. UniteSync will have no responsibility, and will not reimburse you, for any monetization of Customer Productions by UniteSync for any period prior to such Customer Productions having been correctly whitelisted.


5 Term and termination


5.1 This Agreement shall enter into force upon your acceptance of the terms set forth herein and will be automatically prolonged for periods of one (1) month or for periods of twelve (12) months, as designated by you when purchasing a Subscription, (each such period a "Subscription Period"), until terminated by you or by UniteSync prior to the end of the then-current Subscription Period.

5.2 UniteSync has the right to terminate your subscription and this Agreement and to suspend your access to the UniteSync Online Player at any time in the event of your actual or suspected unauthorised use of the Music Pieces or non-compliance with the provisions set forth in this Agreement.

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

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

5.5 For clarity, you may continue to distribute Customer Productions in accordance with Section 3.1 (b).

5.6 If you reside in a country which is part of the European Union and have purchased a Subscription, you have the right to terminate the Subscription, by sending an e-mail to hello@unitesync.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 Piece(s) (meaning that you have started to consume the Subscription).

5.7 For the avoidance of doubt, if you terminate this Agreement after the Cooling-off Period is over (where applicable), UniteSync will not refund any subscription fees already paid by you.


6 Ownership and intellectual property rights


6.1 UniteSync holds all copyrights and neighbouring rights in and to the music catalogue and is the sole rights holder in respect of the Music Pieces. None of the Music Pieces are administered by any collecting society by way of membership of a collecting society.

6.2 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 UniteSync.

7 Trademarks and credits

7.1 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.

7.2 Credit shall - to the extent reasonably possible, in relation to uses where it is standard practice to do so or if credits are provided for other music or content providers - be accorded in a form substantially similar in form and substance to the following: "Artist's Name / Title of Music Pieces / courtesy of www.unitesync.com”. The above credit will, if possible, be displayed as a hyperlink to www.unitesync.com.


8 Liability


8.1 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.

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

8.3 IN NO CASE WILL EPIDEMIC SOUND BE LILE TO YOU FOR DAMAGES THAT CORRESPOND TO A HIGHER VALUE THAN ALL LICENSE FEE AMOUNTS RECEIVED BY EPIDEMIC SOUND FROM YOU DURING THE TERM OF THIS AGREEMENT PRIOR TO THE TIME SUCH DAMAGE AROSE

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


9 Disclaimers


9.1 You acknowledge and agree that the epidemic sound online player is provided "as is" and UniteSync 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.

9.2 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.


10 Assignment


You may not wholly or partially assign or pledge any of its rights and/or obligations under this Agreement without UniteSync's prior written consent. UniteSync 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.


11 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 enforceability of the remaining provisions shall not be affected. Such severed provisions shall be revised only to the extent necessary to make them enforceable.


12 Amendments


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

13 Applicable law


Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of Estonia, without regard its principles of conflicts of law.


14 Dispute resolution

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, 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 Stockholm district court as the court of first instance.


15 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.

Last update March 2021