FREQMUSIC

Terms of Use

 

Welcome to FreqMusic’s Terms of Use. Thank you for choosing to use our services.


Below we have set out important legal terms that apply to anyone who uses the FreqMusic Platform. ​

 

Introduction

 

Our Purpose

Our services offer Users the ability to create Music Channels and to upload, share and discover on the FreqMusic Platform, audio recordings, photographs, graphics, images, artwork, trademarks and information relating to audio recordings and other content ("User Content"). The Music Channels created by Users are referred to herein as (“User Platform(s)”).

 

Legal Agreement

These FreqMusic Terms of Use (“FreqMusic Terms”) set forth the terms and conditions applicable to each User (“User” or “you”) of the FreqMusic Platform and/or any FreqMusic Services offered by us with respect thereto (the “FreqMusic Services”).

 

The FreqMusic Terms constitute a binding and enforceable legal agreement between Sine Music Ltd. (“FreqMusic”, “us” or “we”) and you in relation to the use of any FreqMusic Services. Therefore, please read them carefully.

 

You may use the FreqMusic Services and/or the FreqMusic Platform only if you fully agree to the FreqMusic Terms. By using and/or registering to any of the FreqMusic Services, you signify and affirm your informed consent to the FreqMusic Terms applicable to your use of any FreqMusic Services. If you do not read or fully understand and agree to the FreqMusic Terms, you must immediately leave the FreqMusic Platform and discontinue all use of the FreqMusic Services.

 

By using our Services, you acknowledge that you have read and fully agree with our Privacy Policy (“Privacy Policy”).

 

User Account

In order to access and use the FreqMusic Services, you must first register and create an account with us (“User Account”).

 

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, any actions they perform will be deemed to have occurred on your behalf and in your name.

 

We encourage you to keep your log-in credentials to your User Account confidential, and to allow such access only to people you trust.

 

You must provide accurate and complete information when registering your User Account and when using the FreqMusic Services.

 

Your Obligations

 

You represent and warrant that:

You are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the FreqMusic Terms and to form a binding agreement, for yourself or on behalf of any person or entity represented by you.

 

You are not a resident of and/or you will not use the FreqMusic Services in a country that the U.S. government has embargoed, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or are subject to any other applicable trade sanctioning regulations.

 

 

Your country of residence or incorporation is the same as the country specified in the contact address you provide us.

 

Specifically regarding your User Content you confirm that:

You own and/or have received from the rightful owners, all required permissions in all copyrights and/or other intellectual property rights in all User Content uploaded by you to your User Platform (including, but not only, any Collecting Society that may have been granted rights in sound recordings and/or musical compositions), thus enabling you to upload your User Content and to grant FreqMusic and FreqMusic Users the rights as herein described. Such permissions shall hold FreqMusic harmless from any claim whatsoever from any entity and for the avoidance of doubt, you shall be solely responsible for any payments and/or royalties due to any entity for any uses made by FreqMusic and/or FreqMusic Users in User Content uploaded by you to your User Platform.

 

All moral rights in all User Content uploaded by you have been waived by those entitled to them to the fullest extent permissible by law.

 

FreqMusic may use the names, pictures, biographical material of any persons and/or entities whose performances, images, creations are contained in User Content in any promotional and/or marketing materials for the FreqMusic Services.

 

User Content uploaded by you will not be defamatory, libelous, racially or religiously offensive or contain obscene, pornographic, violent, or harmful material.

 

You and/or other rights owners in User Content, retain full ownership rights in User Content. Notwithstanding, FreqMusic is hereby granted, to the fullest extent permissible by law, a non-exclusive, worldwide, sub-licensable, transferable, royalty free, perpetual license to use, copy, display, publicly perform, make available, upload, download and stream, whether interactively or otherwise, User Content for the purposes of the FreqMusic Services.

 

 

For the purpose of the FreqMusic Services, FreqMusic Users, are granted by you, to the fullest extent permissible by law, a non-exclusive, perpetual, worldwide license to publicly perform, make available, make copies, download and/or stream User Content on the FreqMusic Platform and/or User Platforms.

 

You undertake and agree to:

Fully comply with all applicable laws and any other contractual terms which govern your use of the FreqMusic Services.

 

Be solely responsible and liable with respect to any of the uses of the FreqMusic Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the FreqMusic Services).

 

Receive from time to time promotional messages and materials from FreqMusic or its partners. If you wish not to receive such promotional materials or notices, please notify us accordingly.

 

Please be aware that FreqMusic shall has the right to impose different restrictions as to the upload, storage, download and use of the FreqMusic Services.

 

You undertake and agree not to:

Copy, modify, create derivative works, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the FreqMusic Platform or any of the FreqMusic Services without FreqMusic’s prior written consent and/or as expressly permitted under these FreqMusic Terms.  

 

Submit, transmit or display any User Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, racist, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of FreqMusic or any third party, or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit written approval.

 

Use any illegal action to collect login data and/or passwords for other websites, third parties, software or services.

 

Upload, insert, collect or otherwise make available within the FreqMusic Platform or the FreqMusic Services, any malicious, unlawful, defamatory or obscene Content.

 

Publish and/or make any use of the FreqMusic Services on any website, media, network or system other than those provided by FreqMusic and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the FreqMusic Services and/or User Platform, except as expressly permitted by FreqMusic, in advance and in writing.

 

Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the FreqMusic Services or in any way reproduce or circumvent the navigational structure or presentation of any of the FreqMusic Services so as to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the FreqMusic Services.

 

Act in a manner which might be perceived as damaging to FreqMusic’s reputation and goodwill or which may bring FreqMusic into disrepute.

 

Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use FreqMusic trademarks and/or variations and misspellings thereof.

 

Impersonate any person or entity or provide false information on the FreqMusic Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to FreqMusic and/or any FreqMusic Users.

 

Reverse look-up, trace, or seek to trace another User of FreqMusic Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the FreqMusic Services and/or User Platform without their express and informed consent.

 

Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the FreqMusic Services, User Platform, the User Accounts of other Users or any other systems or networks connected to the FreqMusic Services, by hacking, password mining or other illegitimate or prohibited means.

 

Probe, scan, or test the vulnerability of the FreqMusic Services or any network connected to the FreqMusic Services.

 

Upload to the FreqMusic Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.

 

Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the FreqMusic Services or FreqMusic’s systems or networks connected to the FreqMusic Services, or otherwise interfere with or disrupt the operation of any of the FreqMusic Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.

 

Use any of the FreqMusic Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising practices.

 

Sell, license, or exploit for any commercial purposes any use of or access to the FreqMusic Services, except as expressly permitted by these FreqMusic Terms.

 

Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any entity.

 

Violate, attempt to violate, or otherwise fail to comply with any of the FreqMusic Terms or any laws or requirements applicable to your use of the FreqMusic Services.

 

Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

 

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein, may result in the immediate termination of your User Account and/or any FreqMusic Services provided to you, with or without notice to you. 

 

User Content, IP and Ownership

FreqMusic does not claim ownership rights in User Content. You, those you represent or other rightful owners, own all intellectual property pertaining to User Content uploaded by you to your User Platform.

 

All rights, title and interest in and to the FreqMusic Services, including, but not only, any copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, such as any artwork, graphics, images, literary or musical works, the “look and feel” of the FreqMusic Services, methods, products, algorithms, data, interactive features and objects, inventions, trade secrets, logos, domains, trademarks, whether registered or not (“FreqMusic’s Intellectual Property”), and any derivatives thereof, are owned by and/or licensed to FreqMusic.

 

Subject to your full compliance with the FreqMusic Terms, FreqMusic hereby grants you, upon creating your User Account and for as long as FreqMusic provides you with the FreqMusic Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the FreqMusic Services.

 

The FreqMusic Terms do not convey any right or interest in or to FreqMusic’s Intellectual Property and nothing in the FreqMusic Terms constitutes an assignment or waiver of FreqMusic’s Intellectual Property rights under any law.

 

Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the FreqMusic Services (“Feedback”), you acknowledge and agree that it may be used by FreqMusic in order to: (i) further develop, customize and improve the FreqMusic Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized FreqMusic related notices based on your feedback or otherwise, (iv) offer promotions and monitor performance, (v) create aggregated statistical data and other inferred information, which FreqMusic may use to provide and improve it’s the FreqMusic Services, (vi) enhance FreqMusic data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations.

 

Privacy

Certain parts of the FreqMusic Services require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the FreqMusic Services, FreqMusic and Third-Party Services may collect, access and use certain data pertaining to Users, including, but not only, the activities undertaken by Users within the FreqMusic Services and/or User Platforms. Please read our Privacy Policy and each such Third-Party Services’ relevant privacy policies on a regular basis, for a description of such data collection and use practices.

 

 

Cancellation

 

Cancellation by User

You may discontinue to use and request to terminate your User Account and/or any FreqMusic Services at any time by providing us with written notice. Your notice will enable us to start the process of termination of your Account.

 

Cancellation by FreqMusic

Failure to comply with any of the FreqMusic Terms shall entitle FreqMusic to suspend or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related FreqMusic Services. 

 

Loss of Data, User Content and Capacity

If your User Account or any FreqMusic Services related to your User Account are cancelled (whether at your request or at FreqMusic’s discretion), it may cause or result in the loss of certain features or capacity of your User Account, including any User Content or other usage data retained therein (“Capacity Loss”). FreqMusic shall not be liable in any way for such Capacity Loss.

 

Third-Party Services

The FreqMusic Services may enable you to engage certain Third-Party services (“Third Party Services”).

 

Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility.

 

FreqMusic may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the FreqMusic Services, any Third-Party Services, whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time, and without any liability to you.

 

Copyright & IP

FreqMusic respects the rights of others and we expect Users to do the same. Users are required to upload User Content that does not infringe the rights of others. Notwithstanding, it is impossible for us to verify whether User Content submitted to the FreqMusic Platform has been fully cleared for copyright or other intellectual property law purposes. We cannot therefore assume responsibility for any User Content uploaded to the MusicFreq Platform. All User Content submitted to User Platforms are the sole responsibility of Users who uploaded them. Any recourse for any damage that any entity may suffer shall be to such Users.

 

MusicFreq acts in accordance with the Digital Millennium Copyright Act (“DMCA”) and we therefore have in place, procedures for receiving written notifications of claimed intellectual property infringements and counter notices for improperly submitted claims of intellectual property infringements. When we refer to intellectual property, we mean not only copyrights but also to trademarks, publicity rights, patents, confidential information etc. 

 

If you believe that any User Platform contains User Content that infringes the intellectual property rights owned by you, you may notify us of such infringement and provide the following information in writing to our designated DMCA Copyright Agent (contact details below): (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit FreqMusic to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

FreqMusic’s Copyright Agent can be reached at the following address:

 

Sine Music Limited, 3 Hata’aruch, Tel Aviv – Yafo 6350903, Israel.

Attn: Freq Copyright Agent 

Telephone Number: +972546631090

E-mail: yoav.burg@freqmusic.com

 

In the event that FreqMusic receives notice regarding intellectual property infringement related to your User Platform, it may cancel your User Account, take your User Platform down or remove any User Content, in its sole discretion, with or without prior notice to you. In such case, you may file a counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA.

 

FreqMusic reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

 

Any notices filed pursuant to this Section 8 may be deemed accepted, applicable and compliant with the DMCA, or not, at FreqMusic’s sole and reasonable discretion.

 

Disclaimer of Warranties

We provide the FreqMusic Services on an “as is” and “as available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty, to the fullest extent permitted by law. Specifically, we do not represent or warrant that the FreqMusic Services are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools, or comply with any laws applicable to any jurisdiction in which you operate, or that their operation will be free of any viruses, bugs or other harmful components or limitations. Further, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the FreqMusic Services, so please be sure to verify those before using or otherwise engaging them.

 

FreqMusic may, at its sole discretion and without any obligation to do so, screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, under no circumstances will FreqMusic be considered as endorsing any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on or through the FreqMusic Services. Furthermore, FreqMusic shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the FreqMusic Services and/or connecting and/or dealing with any Third-Party Services through or in connection with FreqMusic Services, and that FreqMusic cannot and does not guarantee any specific outcomes from use of the FreqMusic Services, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use.

 

Please note that FreqMusic Services are currently offered in their pre-launch version, and undergoing testing. You understand and agree that the FreqMusic Services contain limited features at this timemay and may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the FreqMusic Services at this stage signifies your agreement to participate in such FreqMusic Services’ testing.

 

Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, FreqMusic, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any part of the FreqMusic Platform; (2) any personal injury or property damage related to your use of the FreqMusic Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the FreqMusic Services; (5) the use or display of any User Content posted, emailed, transmitted, or otherwise made available via the FreqMusic Services; (6) events beyond the reasonable control of FreqMusic, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of FreqMusic Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for FreqMusic’s services to you.

 

Indemnity

You agree to defend, indemnify and hold harmless FreqMusic, its officers, directors, shareholders, employees, affiliates and agents, immediately upon written demand from us, from and against any and all claims, damages, liabilities, costs and expenses, including lawyer’s fees arising from: (1) your violation of any term of these Terms of Use; (2) your violation of any third party right, including any copyright, property, privacy right or other intellectual property right, resulting from your User Platform or User Content and/or your use of the FreqMusic Services; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

 

General

 

Changes & Updates

FreqMusic reserves the right to change, suspend or terminate any of the FreqMusic Services, and/or cancel your access to any of the FreqMusic Services, including but not only, removal of any User Content uploaded by you in connection with the FreqMusic Services, for any reason and/or change any of the FreqMusic Terms with or without prior notice, at any time and in any manner.

 

You agree that FreqMusic will not be liable to you or to any third party for any modification, suspension or discontinuance of those FreqMusic Services.

 

Governing Law, Jurisdiction & Class Action Waiver

Regardless of Your country of origin, or where you have accessed the FreqMusic Platform and despite any conflict of law principles, these FreqMusic Terms shall be governed and construed by the laws of the state of Israel, the courts of which in Tel Aviv, shall have exclusive jurisdiction thereon.

 

Subject to any applicable law, all disputes between you and Freq shall only be resolved on an individual basis and you shall not have the right to bring any claim against FreqMusic as a plaintiff or a member of a class, consolidated or representative actions, or any other legal proceedings conducted by a group or by representatives on behalf of others.   

 

Notices

We may provide you with notices via the FreqMusic Services, by e-mail, sent to the e-mail address you provided us, through any other means, including any phone number or physical address you provided us.

 

Third-Party Websites or Apps

Any links to third party websites or Apps which may be provided by us withing the FreqMusic Services are provided solely for your convenience and do not imply any connection and/or approval and/or endorsement by us. We have no control over these third-party sites/apps and we do not therefore accept any responsibility in respect of them. It is your responsibility to evaluate whether you want to access or use such third-party sites/apps.  

 

Relationship

The FreqMusic Terms, and your use of the Freq Services, do not, and shall not be construed as creating any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between FreqMusic and you.

 

Entire Agreement

These FreqMusic Terms shall constitute the entire agreement between you and Freq concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between FreqMusic and you, including those made by or between any of our respective representatives, with respect to any of the FreqMusic Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Freq in entering into any of the FreqMusic Terms.

 

Assignment

FreqMusic may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the FreqMusic Platform and/or FreqMusic Services and/or Intellectual Property to a third party without your consent or notice to you.

 

You may not assign or transfer any of your rights and obligations hereunder.

 

Severability & Waivers

If any provision of the FreqMusic Terms is deemed to be invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the FreqMusic Terms. No Waiver of any breach or default of any of the FreqMusic Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Interpretation

Any heading, caption or section title contained herein, and any explanation or summary, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

 

FreqMusic Assistance

Our Customer Support will be happy to try and assist you with any queries/requests that you may have. To get in touch with our Customer Support, please contact us at support@freqmusic.com.