Terms and conditions
TERMS & CONDITIONS
These Terms & Conditions (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms of Service”) shall govern the relationship between our company and you. This website is owned and operated by:
Company Name: Soundengine Pty Ltd
ABN: 97 151 727 829
ACN: 151 727 829
Registered Office: 1/101 Union Street, McMahons Point 2060, NSW, Australia
(here simply referred to as “Company” or “Soundengine Music” or “us” or “our” or “we”). You are here simply referred to as “you” or “your” or “user” or “users” or “customers”. These Terms shall govern your use of our website – https://soundenginemusic.com/ (hereinafter referred to as the “website” or “Site” or “Platform”).
Soundengine Music is an online production music library that provides a diverse and extensive collection of original music compositions for various audio-visual productions. Our library is a treasure trove for content creators, offering a wide range of tracks suitable for use in online videos, television programs, films, radio, and TV advertisements. With three flexible pricing tiers, including single-track purchases, monthly subscriptions, and annual subscriptions, our platform caters to the unique needs of creators worldwide. (Hereinafter referred to as the “Service” or “Music”)
Please read these Terms carefully, as these, along with our License Terms, Cancellation & Refund Policy, and Privacy Policy statement forms the entire agreement between you and Soundengine Music. If you do not accept these Terms in its entirety, then you may not use the website, or any of our Music.
1. ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing or using our website, or by purchasing the license to any of our music, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the website.
ii. You are of sound mind, at least 16 years in age (or older as per the valid age of consent in your jurisdiction), and otherwise competent to form a binding contract with us. If you are not of the age of majority, then you must have a consent of your parents / lawful guardians to use and purchase from the website. Users under 13 years of age cannot use our website even with their parent / legal guardian consent. By using the website, you represent and warrant that you meet all of the foregoing eligibility requirements.
iii. We must not have previously disabled your account for violation of law or any of our policies. iv. You have read, understood, and consented to our Privacy Policy statement.
2. USE OF THE WEBSITE AND RESTRICTIONS
i. Allowed uses:
a) Exploration: Users may explore the website’s music library and audition tracks for potential licensing.
b) Purchasing License: Users may acquire licenses for music tracks available on the platform under one of the specified pricing tiers (single-track purchase, monthly subscription, or annual subscription).
c) Compliance with License Terms: Users must use the website to ensure compliance with the terms specified in the License Terms posted on the website. Each license type has distinct terms and conditions that users must adhere to.
d) Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website.
e) Material: For the purposes of these Terms, “material” shall mean any text, music, sound, video, graphics, content, published on the website, whether a copyright of Soundengine Music, its licensors or any third party. (Unless stated otherwise) You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise to create a database in electronic or paper form comprising all or part of the material appearing on the website. Unless
stated otherwise, you must not reproduce any part of the website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so. However, you are allowed to use the content so generated by you using our platform in such form and manner as allowed in these Terms.
ii. Restricted uses:
a) You must not use the music tracks acquired through the website in a manner that exceeds the scope of the purchased license. Violation of license terms will result in termination of license, and may also result in legal action.
b) You must not resell or distribute tracks on any website or online platform or on any physical media without proper authorization.
c) You must not engage in any activities that infringe upon the intellectual property rights of Soundengine Music or third parties.
d) You cannot impersonate others or provide inaccurate information.
e) You must not sell or transfer or sublicense any of our Music, or any of its content. f) You cannot use our Site or purchase our Music for the purpose of resale. g) You cannot breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks. h) You cannot reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspects of, including but not limited to the services, software, our platforms, networks, systems, etc., wholly or in part.
i) You must not misuse or interfere with the Services or website or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
j) You must not:
● republish material from this website;
● sell, rent or sub-license material from the website;
● show any material from the website in public without our consent;
● edit or otherwise modify any material on the website (other than editing your own information as per the method provided);
● reproduce, duplicate, copy, or otherwise exploit material on our website for a commercial purpose; or
● redistribute material from the website, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
● infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
● We reserve the right to restrict your access to any areas of our website, or indeed our whole website, at our discretion.
k) You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
l) You cannot access, use, or tamper with the non-public areas of any of our software, platforms, networks, or our systems.
m) You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
n) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website, without our express written consent.
3. OUR MUSIC – OWNERSHIP, RIGHTS, AND RESTRICTIONS
a) Ownership: All music tracks available on the Soundengine Music website (https://soundenginemusic.com/) are the intellectual property of Soundengine Pty Ltd or its licensors. Users acknowledge that Soundengine Pty Ltd retains all ownership rights, including copyrights, trademarks, and any other intellectual property rights, in and to the music tracks.
b) Composer Attribution: Users are required to credit the composers of the tracks in descriptions for online videos (e.g., YouTube, Vimeo) and in music cue sheets. This information must be provided to broadcasters, streaming services, or local performing rights organizations (PROs) as appropriate in the original territory of upload/broadcast.
c) Purchasing License: Users may acquire licenses for music tracks under one of the specified pricing tiers (single-track purchase, monthly subscription, or annual subscription) for permitted uses outlined in the License Terms posted on the website.
d) Compliance with License Terms: Users must strictly adhere to the terms and conditions specified in the License Terms. Any use of the music tracks beyond the scope of the purchased license is expressly prohibited.
e) Prohibitions: Users are expressly prohibited from engaging in activities such as reselling or distributing tracks on any website or online platform or on any physical media without proper authorization. Furthermore, users must not modify tracks by adding additional instrumentation or vocals to create a new sound recording without the prior express written consent of Soundengine Pty Ltd.
f) Non-exclusive License: All licenses granted to users are non-exclusive, meaning multiple users may acquire licenses for the same music track.
g) Territorial Limitations: Users must adhere to any territorial limitations specified in the License Terms, which outline the geographical regions where the music tracks can be legally used.
h) Duration of Use: The duration of use for each music track is determined by the type of license purchased.
i) Reservation of Rights: All rights not expressly granted in these Terms and Conditions or the License Terms are reserved by Soundengine Pty Ltd. The website, its content, and the music tracks remain the exclusive property of Soundengine Pty Ltd.
j) Updates: Soundengine Music reserves the right to update, modify, or remove any Music available on the website without notice.
4. OWNERSHIP RIGHTS OF OUR COMPANY
This website, domain (https://soundenginemusic.com/), our Music, videos, information, our logos, content, designs, trademarks, trade dress, trade name, all of our services, shall remain the sole property of Soundengine Music or its licensors (as the case may be). Your use of or access to this website or purchase of our Music license, shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this website, our Music, services, content, formats, designs, anything published by us or our licensors or third parties. This website, services, our Music, and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant intellectual property laws, rules, and regulations. Trademarks, trade names and designs appearing on this website are the exclusive property of, or are licensed to the Soundengine Music and are protected. No use of a trademark, trade dress, trade name or design appearing on this website or in our Music may be made without the prior written permission of the Soundengine Music.
5. PRIVACY
In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.
6. LINKS TO THIRD-PARTY SITES
The website might contain links to third-party websites or services. For example, the website works with third party payment service providers to provide you the most convenient payment options for the license. Such third-party links are not under the control of Soundengine Music, and Soundengine Music is not responsible for any third-party links. Soundengine Music provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or inaccuracy of content or wrong information, Soundengine Music shall not be responsible.
7. PAYMENTS, LICENSES, TAXES, AND REFUNDS
a) Currency: All prices and transactions on the Soundengine Music website (https://soundenginemusic.com/) are in Australian Dollars (AUD).
b) Pricing Structure: The pricing for music tracks and subscription plans is structured as follows: single-track purchase, monthly subscription, and annual subscription.
c) Accepted Payment Methods: Soundengine Music accepts payments through the online payment gateway provided by Stripe. Accepted payment methods include major credit and debit cards.
d) Secure Transactions: All payment transactions are securely processed through the Stripe payment gateway to ensure the confidentiality and integrity of user payment information. e) Single-Track Purchase: Users purchasing a single track are required to make a one-time payment at the specified rate for the chosen track. The license for the purchased track is activated upon successful completion of the payment transaction.
f) Monthly and Annual Subscriptions: Users opting for monthly or annual subscriptions agree to recurring payments at the specified subscription rate. Subscribers have continuous access to the licensed music tracks for the duration of their active subscription period.
g) Subscription Renewal: Monthly and annual subscriptions automatically renew at the end of the subscription period unless cancelled by the user prior to its renewal.
h) Refunds and Cancellations: Users are eligible for refunds under specific conditions, such as the cancellation of intended production or non-usage of downloaded tracks. Refunds are subject to the terms outlined in the “Cancellation & Refund Policy” posted on the website.
i) Taxes: Prices for music tracks and subscriptions do not include applicable taxes. Users are responsible for any taxes imposed by relevant authorities. The final checkout page will display the total price, including any applicable taxes based on the user’s location.
8. DISCLAIMER
a) Use at Own Risk: Users acknowledge and agree that the use of the Soundengine Music website (https://soundenginemusic.com/) is at their own risk. Soundengine Pty Ltd makes no guarantees
regarding the accuracy, completeness, or reliability of the information and materials provided on the website.
b) No Endorsement: Reference to any specific product, service, or third party does not constitute an endorsement or recommendation by Soundengine Pty Ltd. Any reliance on such information is solely at the user’s own risk.
c) Variability of Musical Tastes: Users understand and accept that musical tastes are subjective, and the suitability of a music track for a particular project may vary based on individual preferences.
d) User Responsibility: Soundengine Pty Ltd does not guarantee the subjective appeal of any music track and encourages users to carefully audition tracks before making a purchase or licensing decision.
e) Third-Party Claims: Users acknowledge that while Soundengine Pty Ltd takes all reasonable measures to ensure the legality and authenticity of the music tracks available on the website, third-party claims regarding copyright infringement, licensing disputes, or other legal issues may arise.
f) License Termination: In the event of any such claim or legal dispute, Soundengine Pty Ltd reserves the right to terminate the user’s license for the affected music track, and the user must immediately cease all use of the contested track.
g) No Liability for Claims: Soundengine Pty Ltd shall not be liable for any damages, losses, or legal consequences arising from third-party claims related to the use of music tracks acquired through the website.
h) User Responsibility: Users are responsible for conducting their due diligence and ensuring that their use of licensed music tracks complies with all applicable laws and regulations. Users should promptly inform Soundengine Pty Ltd of any claims or disputes related to music track licensing.
i) License Re-evaluation: In the event of a claim, Soundengine Pty Ltd may reevaluate the licensing status of the affected music track and take appropriate actions, including modifying licensing terms or removing the track from the platform.
j) Website Availability: Soundengine Pty Ltd does not warrant that the website will be available at all times, uninterrupted, or error-free. Users acknowledge that temporary disruptions may occur due to maintenance, technical issues, or other factors.
k) Third-Party Links: The website may contain links to third-party websites for reference or additional information. Soundengine Pty Ltd does not endorse the content of these third-party sites and is not responsible for their accuracy or reliability.
l) Third-Party Services: Users engaging with third-party services, including payment gateways and hosting providers, are subject to the terms and policies of those third parties. Soundengine Pty Ltd disclaims any liability arising from the use of such third-party services.
9. LIMITATION OF LIABILITY
a) Users acknowledge and agree that the use of the Soundengine Music website (https://soundenginemusic.com/) and the acquisition of music licenses may involve inherent risks. Soundengine Pty Ltd shall not be held responsible for any consequences arising from the use of the website, including but not limited to the selection and licensing of music tracks.
b) By accessing and using our website or our music, you agree that our company shall not be held liable for any direct, indirect, incidental, consequential, or exemplary damages arising from the use of our music or website. We strive to provide accurate and up-to-date information, but we make no warranties or representations regarding the completeness, reliability, or suitability of the content.
c) Our liability, if any, shall be limited to the amount paid for the specific license in question. You agree to indemnify and hold us harmless from any claims, damages, or losses arising out of your use of our music or website.
This Limitation of Liability section shall apply to the fullest extent permitted by law. If any provision of this section is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
10. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Soundengine Music, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
11. INDEMNITY
You acknowledge to defend, indemnify, and hold Soundengine Music, its owners, affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand, or
expense, including reasonable legal counsel’s fee, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our services, or our Music or website;
c) Your violation of any applicable laws, rules, or regulations;
d) Your violation of these Terms or any other policy of ours as associated with our services; e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
12. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of the State of New South Wales (Australia).
ii. Good Faith Negotiation: In the event of any dispute, claim, or controversy arising out of or in connection with these Terms and Conditions, the parties agree to first attempt to resolve the matter through good-faith negotiations. The party seeking resolution must provide written notice to the other party, outlining the nature of the dispute and proposing a resolution. The receiving party shall respond in writing within a reasonable time.
iii. Injunctive Relief: Notwithstanding the dispute resolution procedures outlined above, either party may seek injunctive relief or other equitable remedies from a court of competent jurisdiction to prevent irreparable harm or address urgent matters.
iv. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts located in Sydney, New South Wales (Australia).
13. NOTICES
When you use the website or send emails to Soundengine Music, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. Soundengine Music will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to contact@soundenginemusic.com.
14. MISCELLANEOUS
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iii. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend and/or revoke your access to our music and website, at our sole discretion. In such case, you will not be entitled to any refund or compensation, and you must cease all uses of our music immediately.
iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
v. Waiver: Our failure to insist on or enforce strict performance of these Terms & Conditions shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
vi. Survival: Notwithstanding any other provisions of these Terms & Conditions, or any general legal principles to the contrary, any provision of these Terms & Conditions that imposes or
contemplates continuing obligations on either party shall survive the expiration or termination of these Terms & Conditions, for any reason whatsoever.
vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to these Terms & Conditions. viii. No Assignment: You may not assign these Terms & Conditions (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Soundengine Music, which may be withheld at Soundengine Music’ sole discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.
ix. Entire Agreement: The Terms, License Terms, Cancellation & Refund Policy, and Privacy Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Soundengine Music and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
x. Force Majeure: Soundengine Music and its third-party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, technical issues, bugs, errors, power failures and/or similar inabilities.
xi. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site or our Services after any amendments to the Terms shall constitute your acceptance to such amendments.
15. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
In the event you have any grievance regarding anything related to these Terms or Privacy Policy, or with any content or service of Soundengine Music, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:
● Name: Glenn Langford
● Email: admin@soundenginemusic.com
● Postal: 1/101 Union Street, McMahons Point 2060, NSW, Australia
16. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: contact@soundenginemusic.com.
Last updated on December 01, 2023.
