Music Terms and Conditions

1. Introduction

Please read these terms and conditions and other documents referred to in this agreement such as our Privacy Policy and Terms of Use carefully since it affects your legal rights.

These Terms and Conditions (“Terms and Conditions”) apply to the use of music which is provided to you in addition to use of our App ( ‘Us’ or ‘We” or “Clash Arts HK Limited” whose registered office is at Suite 3705, 37/F, Hopewell Centre, 183 Queen’s Road East, Wanchai, Hong Kong). We have entered into an agreement with Epidemic Sound AB, 556781-0899, Västgötagatan 2, 118 27, Stockholm, Sweden (“Epidemic Sound” or “Partner”) to provide to you access to their Music catalogue. The music features are provided by Epidemic Sound AB’s online music catalogue service (the “Service”), and includes any software applications or access to any content or material made available in order for you to access the music provided by Epidemic Sound AB. If you do not want to be bound by these terms and conditions, please do not use our Apps or the Music service provided.

By using our Apps and Service you acknowledge that you have read and understood and agree to be bound by these Terms and Conditions and any documents referred to. As you would expect we may from time to time introduce new features or change the Service; therefore we reserve the right in our sole discretion, to modify these Terms and Conditions at any time. Such modification enters into force when published on our website or communicated to you in any other appropriate manner, such as through your notifications. Your continued use of the Service after such modification is valid as consent thereto. Do check the website regularly to verify whether these Terms and Conditions or other document referred to have been modified. If you do not accept to abide by these Terms and Conditions (or cannot comply with then) you may not use the Service, the website or access any content.

Any translation of these Terms and Conditions from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms and Conditions. If you wish to receive these Terms and Conditions and relevant documents thereto in another language, please contact us via the contact details provided below.

2. The Service and General Limitations of Use

The Service is an online music catalogue service, by which we and our Partner makes available digital music files via our Apps (collectively as well as any part thereof “Content”) for the purpose to be used in audiovisual productions and/or other productions, under these Terms and Conditions and the applicable music license agreement.

The Service is available for users of our Apps who have validly registered and created user accounts to our Apps and agreed to use the Service. In order to use the Service and access the Content you will have to be at least 18 years old. You will also have to have the power to enter into a binding contract (i.e. be of mental capacity to enter into binding agreements, not personally bankrupt etc.) and not be barred from doing so under any applicable law.

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

Content types and descriptions, such as genres, categories etc., are provided for your convenience only and we do not guarantee their accuracy.

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 our 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.

You agree to only use Content in accordance with our Apps and for the purpose of using the Content in connection with video chats as part of Apps. No other use is permitted. You may not for example download your video chats and post them to other sites where the Content or Music has been used as part of your video chats.

3. How to Access the Service and Your Account

In order to use the Service you must have an account and be a registered as user of our App and only use your log in credentials, we may ask for additional information such as your valid email address if you have not already provided it. The management of your account and data is subject to our Terms of Use and Privacy Policy.

You are responsible for the normal use of your account and in the event of unusual activity you should report it to us immediately via our Customer Services reporting tool.

4. Free Service

This Service is provided to you free of charge, however we reserve the right to change the free Service to a paying Service as a later date. If that happens then we will give you not less than 30 days prior written notice.

5. Intellectual Property Rights

You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and Conditions and under the applicable music license agreement. For example you may not download your videos or short stories to another platform which includes any Music provided here. We use certain technologies to support and maintain the integrity of our Service.

All Content available through the Service, are the proprietary property of us and or Epidemic Sound.

Except for the rights expressly granted to you in the applicable music license agreement and in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by us and Epidemic Sound. Under no circumstances is any transfer of any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content.

Please note that you may not use the Content in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Content. You shall comply with any applicable laws and regulations. Moreover, you may not use the Content in connection with sensitive subjects without the prior written consent of us and Epidemic Sound. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.

Please also note that you are not allowed to upload or otherwise exploit the Content provided in the Service as stand-alone files (for example, uploading the track to any kind of distribution platform or otherwise distributing a track as a full-length (or shortened) file, on its own or with a just background picture and/or just the name of the artist/track).

6. Use of Computer Resources

You agree that we have the right, in order for you to use the Service, to make use of the storage hardware, processor and bandwidth of your Internet connection, computer, game console, work station or similar media device; however, only as reasonably necessary to provide the Service.

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, work station 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 Epidemic Sound for any third party claims due to the extra charges from your ISP referable to you.

7. Third Party Applications

The Service is integrated with third party applications, websites and other services to make the Service and Content available to you as a user. 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. We is not responsible or liable for behaviour, content or features of any third party application.

8. Advertisement

You may separately have accepted to be exposed to commercial messages, newsletters and advertisement sent by us when using the Service. If you do not want to be notified about these offers or news you may always opt-out from such information by following the instructions in each notification which you receive.

9. Privacy and Personal Data

We process personal data about you and your use of the Service in accordance with our Privacy Policy.

10. Service Level and Disclaimer

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

We are not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Epidemic Sound’s control.

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

THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND WE MAKE NO WARRANTY, REPRESENTATION, EXPRESS OR IMPLIED, AND/OR DISCLAIMER AS REGARDS TO THE AVAILABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, CONTENT OR OTHER DATA PROVIDED AND THE QUALITY OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE OBTAINED IN THE SOFTWARE INDUSTRY. WE DO NOT WARRANT THAT THE CONTENT OR THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

WE (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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.

We 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 we shall have no liability to you if we exercise such rights.

13. Indemnity

Upon request by us you agree to indemnify, defend and hold us harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney’s fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms and Conditions.

Furthermore, we reserve 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 us in asserting any available defences.

14. Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICE. WHILE WE ACCEPT NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO US AND THE SERVICE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

15. Term and Termination

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

If you or we terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to Content will immediately terminate.

16. Assignment

We are entitled to in whole or in part assign its rights and obligations under these Terms and Conditions to a third party. You may not assign these Terms and Conditions to any party.

17. Partial Invalidity

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.

18. Law and Dispute Resolution

Hong Kong law shall apply to these Terms and Conditions except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be determined by Hong Kong courts

We have the right regarding any illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.