Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.expandedmusicsync.com website (the "Service") operated by Expanded Music srl ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. You acknowledge that this is a business to business Service and our licenses are not for private use. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. The Service allows You to purchase the licenses to download and synchronize the music contents available on our site in your video or multimedia projects; each purchase through our Service is subject to further terms and conditions you must specifically approve and agree with before downloading any content from the Service.
When you create an account with us, you must provide us with current, accurate and complete information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party; in any case, you will be held accountable for any activity carried out through your account, unless you may prove that it is used against your will. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without the appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Basic License and Extended License can be acquired directly online in just a few minutes by using your credit card or Paypal. Please read terms and conditions of our online licenses which are available at the License section.
Some Songs are not fully controlled by Expanded Music Sync as they can have different rights holders. In these few cases the songs will not be available for a Basic or Extended License but you will still be able to license them under a Custom License ruling.
Some Songs of Expanded Music Sync Music Library are available only through a custom license; if you wish to receive a quotation or simply more information about licensing Songs which are not available online we invite you to contact us. You will be shortly contacted by us or by our local representative.
Once you have purchased a song you will be able to download the licensed song having the chance to choose both the format (MP3 and WAV).
We must add VAT Tax to all bills for not European Firms. If you live in Europe and have a valid VAT Number please make sure to enter it when creating your account with Expanded Music Sync. In case VAT Tax is due, please know that it will be added to the license fee bill and it will consequently appear in your cart before the purchase is made.
Expanded Music Sync does not offer you a refund on your purchase. If an error occurs and you report it promptly to Expanded Music Sync, we may give you the chance (not more than once for each purchase and, in any case, at our sole discretion) to download another Song of the same value at the same licensing conditions.
We respect the intellectual property rights of others. It is our policy to respond to any claim in case posted Content on the Service infringes the copyright or any other intellectual property infringement ("Infringement") of any third party. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes a copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of sync@expandedmusicsync.com stating in the Object of your email "Copyright Infringement" and include in your notice a detailed description of the alleged infringement and the relevant documents to prove your rights and identity. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content, features and functionality are and will remain the exclusive property of Expanded Music srl and its licensors. The Service is protected by copyright, trademark under the Italian and international copyright laws and treaties. Our trademarks may not be used in connection with any product or service without the prior written consent of Expanded Music srl.
You or your clients may need further rights (i.e. performing rights fees or any other similar fees) to use the Songs properly without infringing any third party right. You and your clients are the sole responsible for the payment of such rights to the right holders, directly or through a CMO (Collecting Management Organizations) like, for example, SIAE, GEMA, PRS/MCPS, SACEM, BMI, etc. . Your local Collecting Management Organizations should supply you with the proper information accordingly. To ensure that our composers are compensated by the relevant Collecting Management Organizations, Cue Sheets must be completed for productions that are publicly broadcasted such as Tv, radio, film, theatrical productions and advertisements. For more information or if you need Publishers and Composers information about the songs available for licensing on Expanded Music Sync, please feel free to contact us and we will serve you all the needed information to fill out any Cue Sheets.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Expanded Music srl. Expanded Music srl has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Expanded Music srl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or submit a notice of termination to the attention of sync@expandedmusicsync.com.
Except for the case of willful misconduct and gross negligence, in no event shall Expanded Music srl, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Expanded Music srl, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms will be governed by and construed in accordance with the laws of Italy. Any dispute relating to its interpretation shall be referred to the Italian jurisdictions and held in front of the Court of Rome excluding any other Courts and competent jurisdiction. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right to modify in any moment the functionalities and the content of the Service, including the catalogue of songs available through it, or to replace them with new functionalities and content or to discontinue their provision at our sole discretion. We may also suspend the Service for reason connected with the maintenance of our platform; if possible, we will provide You with a prior notice of any suspension of the Service through reasonable means (i.e. through a message posted on the Service).
We also reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide you a notice by email at least 30 days prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service and terminate your account.
If you have any questions about these Terms, please contact us:
EXPANDED MUSIC srl
Via Romagnoli 3/B
40010 Bentivoglio (BO)
Italy
Phone +39 051 6643711
Fax +39 051 6643766
E-Mail sync@expandedmusicsync.com
P. Iva / Vat IT04058430374
Last updated: April 30th, 2018
If you have any questions about these Terms, please contact us
