Terms & Conditions

1. General conditions

1.1 The general Terms and Conditions set out in this Agreement (the "Terms & Conditions") applies to the use of https://www.SyncVault.com (the Website) including SyncVault's online music catalogue service (the "Service"), any software applications or access to any content or material made available by SyncVault ("SyncVault"). When visiting the Websites 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 these Websites and do not use our Service. 

1.2 The Service is provided by SyncVault, a trading name of SoundVault Ltd, registered office: 303 The Pill Box, 115 Coventry Road, London, E2 6GH, United Kingdom.

Registered in England and Wales No. 66026181.3 By visiting the Website and using the Service you acknowledge that you have read and understood and agree to be bound by the term set out in this Agreement. 

1.3 SyncVault reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Websites and/or the Service following any such changes shall be treated as an acceptance by you of such changes. Such modification enters into force when published on https://www.SyncVault.com (the "Website") or communicated to you in any other appropriate manner. Do check the Website regularly to verify whether these Terms & Conditions have been modified. If you do not accept to abide by these Terms and Conditions you may not use the Service or access any Music. 

2. The service and general limitations of use 

2.1 The Service is an online music promotions service, by which SyncVault makes available digital music files ("Music") for the purpose to be used in audio visual and productions and for promotion, under the terms and conditions as set out in these Terms & Conditions and the End User License Agreement available on the Website. You access the Service from SyncVault's online interface. 

2.2 The Service is available for entities and persons that that have registered and created user accounts to the Service. 

2.3 You warrant that you are 18 years or older and are authorized to enter into this Agreement, or otherwise have your parent or guardian's consent. By creating an account you confirm that you are legally capable of entering into binding contracts or otherwise have consent to do so. 

2.4 The assortment of Music may be amended at all times by SyncVault, with or without any notice to you. You accept that the Music that is available might not be available at a later stage.

2.5 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 SyncVault 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. 

2.6 You agree to only download Music that is directly needed for your work and that you will not use any automated system or device (including, without limitation, any robot, spider or program) to download large amounts of Music that will not be used in the fulfilment of your obligations to your work. Please be aware that SyncVault has reserved the right, in its own discretion, to immediately terminate any account that may be performing such abuse. 

2.7 You agree to take down any video or remove any track (selected from SyncVault) if it has breached YouTube's sensitivities, SyncVault's sensitivities (as provided to you upon download) and at our discretion for any reason whatsoever.

3. Music limitation of use 

3.1 You agree to upload all video with any given track before a track surpasses its "Use By Date"

3.2 You understand that all Music tracks are free to use but applying the music over static images only in a video may result is your video being issued with a takedown.

3.3 You agree to apply with every video all required descriptive text and associated links into your channel description, as provided to you on the website and by email upon download of any Music tracks, in order to qualify for the potential to earn. 

3.4 You agree to use a minimum of 15 secs of track music within the first three-quarters of your video. 15 secs of which must be continuous play (without fades) at an audible (listenable) volume and uninterrupted by any other audio or voice over. 

3.5 You agree to display the artists name when the music plays in the video.

3.6 You agree to adding the artists credit within the top 3 paragraphs of your video description.

3.7 You agree when syncing a track to a video the track can be cropped front or back and faded (either side of the 15second limit) but no remixing of a track is permitted. 

3.8 You understand all earnings on any given track will be awarded to all users on a per-view basis and until all the available views have been allocated on that track. On the day that the final available views runs out on any given track, they are awarded on a pro-rata basis based on the total number of views each participating video received that final day.

3.9 You can use as many Music tracks as often as you like in any video. However, only the first track per video can qualify for earnings.

3.10 You understand that to use a Music track in more than one video you must download the track from the website again in order to retrieve your unique License Key for that video. All related License Keys must then be added to your descriptive text in order to ensure your video remains claim free.

3.11 You understand you can only earn from the first time you use that track on your channel. Using the same track twice on the same channel is permitted and as per 3.9 and 3.10 above. However, you will not earn any additional available earnings for using a track a second time (or more) on your Channel.

3.12 You understand all Music is claim free and cleared for use on YouTube. However, if any third-party alleges, claims, demonstrates, or disputes in any way, that you have infringed copyright of any type whether it be audio and / or visual, in your video or if you have not complied with the conditions of use or if your content is taken down by YouTube for any reason, SyncVault can at its own discretion relinquish your right to receive any and all earnings either pending, owed or due past, present and/or in the future in relation to said video and any other videos you may have accounting with earnings from a Music track.

3.13 You understand on every Music track you accrue earnings from the first view your video receives. However, earnings will not be added to your account until you reach the minimum threshold of 1,000 views per video. If your video does not reach the minimum views threshold before the track runs out of earnings, or within 2months after the track's Use By Date, then no earnings will be awarded from that video. 

3.14 You understand select Music can be earned from until all its available views have been awarded and / or up to a maximum of 2 months following a tracks "Use By Date", whichever is sooner. 

3.15 You understand earnings are awarded on a first-come first-served basis and against the number of views your video receives. The amount of earnings and the duration they remain available varies per track and as displayed on the website and at the time you upload your video live on YouTube. SyncVault does not guarantee you the right to earn on any Music track you use. Your earning capabilities are subject to; the time your video is live on YouTube and has reached the minimum views threshold required and the amount of available earnings at that time. And/or any earnings cap that may be applied to that track during its campaign by the music artist and as notified to you.

3.16 You understand content restrictions apply in line with YouTube's Community Guidelines and Content Policies https://support.google.com/youtube/answer/9288567. However, other elements within and around a channel and video using a Music track, whether it be the genre, type, location, subject matter, associated links or anything else whatsoever, that SyncVault may at its sole discretion deem unsuitable to award earnings, SyncVault reserves the right to remove at any time all earnings due and/or already earned from the registered members account, and if it further deems necessary close the members account altogether and without their future ability to earn. 

3.17 You understand SyncVault has the right to request any Music track be removed promptly (ideally within 24 hours of given notice via email) from any video it deems unsuitable to contain such track and at its sole discretion. You also understand should you fail to promptly remove the Music track from the video, Syncvault has the right to issue the video containing the Music track with a formal 'take down notice' which may result in the video's removal from YouTube.

3.18 You understand content utilising a Music that SyncVault and/or YouTube considers violates YouTube's Community Guidelines and Content Policies https://support.google.com/youtube/answer/9288567 in any way whatsoever, SyncVault reserves the right to remove at any time all earnings due and/or already earned from the registered members account and if it further deems necessary close the members account and without their future ability to earn. 

3.19 You understand SyncVault has the right to remove any Music track from the website at any time and without notice, and if necessary including the right to earn from that track owed or due, past or present. 

3.20 You understand Music earnings are only open to territories that accept PayPal. https://www.paypal.com/ga/webapps/mpp/ua/residence-full

3.21 You understand your earnings are calculated every 24 hours and awarded on the number of views your video received during that period. 

3.22 You understand all earnings withdrawn from your account is subject to third-party payment gateway fees. SyncVault currently only works with PayPal. 

3.23 Payments are made at the end of every month. Payment requests must be made at least 15 days prior. 

3.24 You understand that using a Music track does not guarantee your right or ability to earn.

4. How to access the service and your account

4.1 In order to use the Service you also need an Internet connection with certain requirements, which are specified on the Website. 

4.2 In order to use the Service you must create a personal account and register as a 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 email address and SyncVault reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data. 

4.3 Access to the Service is contingent upon you registering as a user. 

4.4 You must notify SyncVault immediately of any breach of security or unauthorized use of your SyncVault account that you become aware of.

4.5 You agree that you will be solely responsible (to SyncVault, and to others) for all activity that occurs under your SyncVault account.

4.6 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, tablet 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 SyncVault for any third party claims due to the extra charges from your ISP referable to you. Access may be restricted at SyncVault's discretion, see 5.1 below.

5. Acceptable use

5.1 You agree that you will only use the Websites and the Service in accordance with the purpose prescribed by SyncVault and you warrant that you will not use the Websites and the Service in any way which infringes the copyright, trademark, patent or other proprietary rights of any party.

5.2 The streaming audio samples are available for listening only. You may not modify, copy, reproduce, republish, transmit or distribute them in any way.

6. Void where prohibited

6.1 Although the Websites are accessible worldwide, not all products or services discussed or referenced in the Websites are available to all persons or in all geographic locations. SyncVault reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any Service made available on the Websites is void where prohibited.

6.2 You represent and warrant that you have the legal right to access the Websites and use of the Service available thereon, and that such access and use shall not violate any laws in the jurisdiction from which you access the Websites or use the Service.

7. Term and termination

7.1 This agreement will continue to be in force until terminated by you or SyncVault.

7.2 SyncVault shall have the right to terminate your access as a registered user of the Website and the Services without notice at any time, for any reason, including without limitation the breach by you of any of these Terms and Conditions. You agree that SyncVault shall not be liable to you or any third party for any termination of your access to the Website or the Services including the suspension or discontinuance of the Website and the Service.

8. Links to third party websites

8.1 The Websites do include links to websites that are controlled by third parties. You acknowledge and agree that SyncVault is not responsible for the content and availability of any such websites. 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. SyncVault is not responsible or liable for behaviour, content or features of any third-party application.

9. Intellectual property rights

9.1 You may not use, transfer, display, perform or otherwise make the Music available except as expressly permitted under these Terms & Conditions and as detailed in the End User License Agreement available on the Website.

9.2 All content available through the Service and on the Websites, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of SyncVault or are included with the permission of the relevant owner. Images, trademarks and brands displayed on the Websites are protected by copyright, trademark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner.

9.3 Except for the rights expressly granted to you in the End User License Agreement and in these Terms & Conditions, no right to the Service or the Music is assigned to you, and all right, title and interest in the Service and the Music are reserved and retained by SyncVault.

9.4 SyncVault do under no circumstances transfer any right, title or interest in the Music to you, and you do not acquire any ownership rights to the Service or the Music.

9.5 Please note that you may not use the Content in connection with other material that is 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.

9.6 All uses of music downloaded from the Websites and the Service must be licensed and paid for in accordance to our End User License Agreement. All rights of the owners of the Music Recordings, musical compositions and public performance in respect of the content on the Websites and the Services are reserved.

10. Service level and liability

10.1 SyncVault will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions. 

10.2 SyncVault is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond SyncVault's control.

10.3 SyncVault will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. SyncVault will try to arrange updates and maintenance outside of peak usage hours.

10.4 The Service is provided "as is" and there is no warranty, expressed or implied, as regards to the availability, fitness for purpose, Music or other data provided and the quality of the Service. You also acknowledge that freedom from programme errors cannot be obtained in the software industry.

10.5 SyncVault (including, but not limited to, affiliated companies and their contractors, officers, directors, and employees) shall in no event 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.

10.6 SyncVault 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 SyncVault shall have no liability to you if SyncVault exercises such rights. 

11. Disclaimers and limitation of liability

11.1 To the extent permitted by law SyncVault will not be responsible or liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by you arising out of or in connection with the use of the Websites and the Service. Use by you of the Websites and the Service is at your own risk. The Websites and the Services are provided on an "as is" and "as available" basis without any representation or warranty of any kind whether express or implied including but not limited to any warranty as to content and accuracy of information, usefulness, title, non-infringement, fitness for a particular purpose or that the Websites and the Services will meet your requirements. Further, no warranty is given by SyncVault that the functionality of the Websites and the Services will be uninterrupted or error free, that defects will be corrected or that the Websites and the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. If you are dissatisfied with the Websites or the Services your sole remedy is to cease using them. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of SyncVault for death or personal injury as a result of the negligence of SyncVault.

12. Software and security

12.1 We are not responsible for any technical or other issues that may arise if you download software from an external third-party Websites (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Websites.

13. Damage to your computer

13.1 SyncVault takes reasonable steps to ensure that the Websites are free from viruses or defects. However we cannot guarantee that your use of the Websites won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Websites and screen out anything that may damage it. SyncVault shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using the Websites.

14. Advertisement

14.1 You accept that you may be exposed to commercial messages, newsletters and advertisement sent by SyncVault when using the Service.

15. Support

15.1 You will find answers to the most frequently asked questions about the Service on the www.SyncVault.com. You are always welcome to contact SyncVault on info@syncvault.com.

16. Privacy and personal data

16.1 You agree that SyncVault has the right to collect and process personal data about you and your use of the Service in accordance with SyncVault's Privacy Policy applicable from time to time. SyncVault's applicable Privacy Policy is available on the Website.

17. Indemnity

17.1 You agree to indemnify SyncVault from and against all costs, claims, demands, proceedings and damages including its own reasonable legal costs which are incurred by it howsoever arising in respect of any breach by you of these Terms and Conditions ad from and against any claim or demand brought against SyncVault by any third party arising out of you use of the Website and the Service

17.2 Furthermore, SyncVault reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with SyncVault in asserting any available defences.

18. Additional terms

18.1 If you violate any of the terms or conditions in these Terms & Conditions, your right to use the Service and access Music will immediately terminate. SyncVault may further, at its sole discretion, terminate your account and your access to the Service with two weeks notice.

18.2 Music types and descriptions, such as genres, categories etc, are provided for your convenience only and SyncVault does not guarantee their accuracy.

18.3 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.

19. Assignment

19.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction and validity of the remaining terms will be unaffected. If either party does not exercise a right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived

20. Law and dispute resolution

20.1 This Agreement shall be construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.

20.2 SyncVault has the right regarding illegal copying or distribution of the Music or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction

 

SYNCVAULT COMPETITIONS, PROMOTIONAL OFFERS AND GIVEAWAYS:

These Terms and Conditions supersede any other communications, including advertising or promotional materials in the event of any conflict or inconsistency with Entry/claim instructions and by participating all claimants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your own information.

1. The Promoter: SoundVault Ltd, t/a SyncVault registered office: 303 The Pill Box, 115 Coventry Road, London, E2 6GH, United Kingdom, registered company number 06602618)

2. The Supplier: Please see each individual promotion for details of the prize supplier.

3. Eligibility: This promotion is open to all Beauty Creators in receipt of an offer leaflet received at the blogosphere beauty creator show on 15th July 2022. You confirm that you are aged 18 years or over, excluding employees and their immediate families (spouse, parent, child, sibling, grandparent and/or “step” family), of The Promoter, associated agents or anyone professionally connected with the promotion.

4. Promotional Period: The promotion opens on Friday 15th July 2022 and closes at 5pm Friday 26th August 2022. If you wish to redeem this offer after the promotional period has ended. Please email us at Creators@syncvault.com and a member of the Syncvault team will get back to you as soon as possible.

5. Promotional Offer:
a. Creators are eligible to receive a $100 bonus when they sign up to the Syncvault platform AND create and upload a YouTube video featuring one of the tracks from one of our artists.
b. Opportunities to take part in bespoke collaborations with artists, labels and brands.
c. Exclusive offers to join us and take part in podcasts, events and festivals as a featured Creator.
d. Be in with the chance to join us as our guest at the Blogosphere Awards in September 2022, where we will be sponsoring "Vlogger Of The Year".
e. Become a VIP Community Advocate for Syncvault and have the opportunity to earn additional revenue for each new verified Creator that joins the platform via your affiliate link.
f. Inclusion within Creator spotlights on our website, blog posts, social media posts and newsletter emails to our community.

6. Redeeming this promotional offer: Please use the QR Code provided, to sign up to the platform or visit this link: www.syncvault.com/creators and create your own profile on our platform. Navigate to the Browse Music section on the website and select the track you would like to use on your next video. Apply the music, the artists overlay, a link in the first three lines of your description and follow the onscreen instructions on the platform. Once you have completed your video and the steps as directed, please email your video url to creators@syncvault.com for a member of the team to verify and process your payment of $100 in conjunction with this offer.

7. This offer applies solely to one video upload using one track downloaded from the platform. After which you are free to use and earn from promoting campaign tracks via the platform in the usual way.

8. Any video uploads that the Promoter considers (in our absolute discretion) to be dangerous, vulgar, offensive, indecent, illegal, racist, copied, offensive, cruel or fraudulent, or infringe on the rights or copyright of others will be immediately removed and disqualified.

9. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, multiple email accounts, multiple reproduced or computer-generated codes, using multiple identities, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the promoter or otherwise acting in violation of these terms, these participants will be disqualified, and any promotional entitlement will be void.

Incomplete, illegible, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.

10. Promotional Fee: You will receive the funds direct to your wallet on the platform, where you can redeem via Paypal. No credit card or bank account information is required.

11. It is the responsibility of the Creator to provide correct, up-to-date details when redeeming the promotional offer. The Promoter cannot be held responsible for Creators failing to supply accurate information which affects delivery of this offer.

12. The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.

13. The Promoter reserves the right to verify Creators and ask for proof of identity, age and address and to withdraw promotional fees where there are reasonable grounds to believe there has been a breach of these terms and conditions.

14. You agree that if you are the correct recipient of this offer and that you will take part in and cooperate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.

15. By entering the Promotion, each entrant grants the Promoter a world-wide, perpetual, irrevocable, non-exclusive, transferable, royalty free and sub-licensable right and licence to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry, without royalty, payment or other compensation. Each Entrant agrees not to assert any moral rights in relation to such use and warrants that they have full authority to grant such rights.

16. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or videos that it regards as being in breach of these terms and conditions or the spirit of the Promotion. Those who try to circumvent the entry process and/or entry instructions by any method, will be disqualified and any prize award will be void.

17. Entry into this Promotion is at the entrant’s sole risk. To the extent permitted by law, neither the Promoter nor Supplier accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a fee. The Promoter and Supplier further disclaim liability for any injury or damage to entrants or any other person relating to or resulting from participation with this Promotion save that nothing in these terms and conditions shall act to limit or exclude the Promoter and Supplier’s liability resulting from its negligence or fraud.

18. If for any reason, the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Promotion.

19. If an act, omission, event or circumstance occurs which are beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.

20. The Promoter accepts no responsibility for system errors or other issues including issues with social media platforms or third party suppliers for the prize that is beyond their control that may result in disruption to lost, delayed or not received entries, winner notifications or prizes. The Promoter, the Supplier or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter or its agencies.

21. Where a prize is provided by a Supplier, the Promoter accepts no responsibility for inaccuracy of any prize description, and The Supplier is responsible for prize fulfilment.

22. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

23. The Promoter and the Supplier reserve the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.

24. The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.

25. The Promotion and these terms and conditions, and any disputes arising therefrom, shall be subject to English law and the exclusive jurisdiction of the English and Welsh Courts.

26. Data Protection: Any personal information that entrants share with the Promoter will be kept secure and only used in line with these terms and conditions unless the entrant has opted in to future marketing from the Promoter and/or the Supplier. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion and winners consent to give their name and county for the winners’ list.

27. Promoter’s Privacy Policy can be found online here www.syncvault.com/privacy-policy