Terms & Conditions

Scope
These Terms apply to your use of this Site which is owned and operated by Qdubs Ltd. (Qdubs). These Terms do not apply to your use of unaffiliated websites of any other companies, organisations or individuals or to which this Site links (‘Third Party Sites’).


Conditions of Use
The access and use by you of www.qdubs.com ("the Website") and the services of the Qdubs online music search and download facility provided by the Website ("the Services") is subject to these Terms and Conditions. By using the Website and/or the Services you are deemed to have agreed to all the terms, conditions and disclaimers contained in this notice and you will not use the Website and/or the Services in any way that contravenes these Terms and Conditions. If you do not agree to these Terms and Conditions in full then you are not permitted to access or otherwise use the Website and/or the Services and you should exit the Website immediately.


Age Requirements
This Site is offered and made available only to users eighteen (18) years of age or older. If you are not yet eighteen (18) years old please discontinue using this Site immediately. By using or attempting to use this Site, you certify that you are at least eighteen (18) years of age and meet any other legal requirements of this Site.


Modifications to Website and Services
Qdubs reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website and/or the Services following any such changes shall be treated as acceptance by you of such changes. An indication that changes have been made to these Terms and Conditions will be identifiable by a change in the date at the top of this page. Qdubs reserves the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Website and/or the Services at any time including without limitation the content.

The Services
The Website provides access to production music for professionals working in film, television, radio, advertising and new media including listening to music tracks to appraise their suitability for use in a production and downloading the sound recording for the purpose of using it in a production subject to securing all necessary licences for such use.

User ID Password and Security
The ability to access all the facilities provided by the Website is dependent upon you being accepted as a registered user of the Website. To complete the registration process you will need to provide certain information and register a username and password for use with the Website. You are responsible for maintaining the confidentiality of your username and password and also for all activities that take place when your username and password are used to log in to the Website. You agree to notify us immediately when you become aware of any unauthorized use of your username and password or any other breach of security. In no event will Qdubs be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.

Acceptable Use
You agree that you will only use the Website and the Services in accordance with the purpose prescribed by Qdubs and you warrant that you will not use the Website and/or the Services in any way which infringes the copyright, trademark, patent or other proprietary right of any party.

Termination
Qdubs shall have the right to terminate your use and/or block 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 Qdubs 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/or the Services.

Links to Third Party Websites
The Website does include links to websites that are controlled by Third Parties. You acknowledge and agree that Qdubs is not responsible for the content and availability of any such website. It is your responsibility to comply with the terms and conditions of such websites in relation to your access to those websites.

User Information
Where in the course of using the Website you are asked to provide any information our use of such information is governed by our Privacy Policy which we urge you to read.

Intellectual Property Rights
All copyright and other intellectual property rights in all text, images, artwork, sound recordings, musical compositions, software and other content on the Website are owned by Qdubs or are included with the permission of the relevant owner. You may only use the Website and the Services for the purposes of searching for and downloading music for use in professionally created audio visual productions. Images, trademarks and brands displayed on the Website 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. All uses of music downloaded from the Website and/or the Services must be licensed through the relevant music publisher or its appointed agent. All rights of the owners of the sound recordings, musical compositions and performers in respect of the content on the Website and the Services are reserved. Unauthorized public performance, broadcast, communication to the public, copying and distribution is prohibited. The recordings which may be accessed from the Website and the Services are specifically produced for film, television, radio, advertising and new media under industry agreements. Their use is subject at all times to obtaining an appropriate licence from the copyright owner or its relevant appointed agent prior to any exploitation or use of the relevant production or recording. Furthermore, public performance, broadcast and all other communication to the public of the production or recording may only be made pursuant to a separate licence from the relevant performing right society.

Track Licensing
This Site provides licensees with the opportunity to preview a performance of a Track ("Track" or collectively "Tracks"), by allowing you to interactively stream an MP3 file of the specific songs of Qdubs’ licensors for evaluation or audition purposes only. In this case, Qdubs grants you a non-transferable, non-exclusive license to stream and use the Track solely for evaluation or audition purposes, or for demonstration to your clients, but only when used in a non-commercial manner.
In the event you wish to use a Track or Tracks in a commercial manner, you shall be required to agree to the usage terms for the Track and the cost of such use in a separate written license agreement with Qdubs or our appointed agents (the "License") that limits the use of the Track to those exact terms. Upon agreement to the terms of the License, you will then be provided with the opportunity to download the Track via your user account with this Site. A PDF file of the License will be sent to you and will serve as both invoice and license. The provisions of the License will control your use of the Track and will override any conflicting provisions in these Terms with respect to your use of the Track.
Except for those uses described above, no other rights for any other type of use are permitted unless the rates and rights for any other such type of use is negotiated and otherwise agreed to in advance. All Tracks and all rights not expressly granted in writing remain the exclusive property of Qdubs and/or its licensors.


Prohibitions and Limitations
Any unauthorised use of the Content included on this Site is prohibited by law and may result in civil and criminal penalties. Unless permitted in the License, you may not:

  • 1. Download, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content (including, without limitation, any text, graphics, logos, buttons icons, images, audio clips, products, services or software) obtained from this Site without the express, written consent or License from Qdubs.
  • 2. Frame, or use any framing technique to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, flash movie, page layout, or form) of Qdubs without the express, written consent of Qdubs.
  • 3. Register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party from any Qdubs product or service if you are not expressly authorised by such party to do so.
  • 4. Sublicense, re-license, rent or lease any Track.
  • 5. Copy or publish any Track to Other Sites.
  • 6. Otherwise distribute or allow any Track to be distributed to or be used by anyone other than the authorised users, without prior written consent from Qdubs.
  • 7. Use, allow, or enable others to use this Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to be libelous, defamatory, indecent, in connection with any form of pornography, fraudulent, infringing, or otherwise illegal, or which may or may appear to impersonate anyone else.
  • 8. Use, allow, or enable others to use this Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to affect us adversely or reflect negatively on us, this Site, our goodwill, name or reputation, cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of this Site, or from advertising, linking or becoming a supplier to us in connection with this Site.
  • 9. Use any data mining, robots or similar data gathering or extraction methods.
  • 10. Gain unauthorised access to this Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to this Site or to use this Site in any manner which violates or is inconsistent with these Terms.
  • 11. Transmit, distribute or upload programs or material that contain malicious code, such as viruses or any other potentially harmful programs or other material or information.
  • 12. Use meta tagging which utilises Qdubs or any other derivative of our domain, Qdubs name or registered trademarks without the express written consent of Qdubs.


Indemnity
You agree to indemnify Qdubs 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 and from and against any claim or demand brought against Qdubs by any third party arising out of your use of the Website and/or the Services.

Disclaimers and Limitation of Liability
To the extent permitted by law, Qdubs 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 Website and/or the Services. Use by you of the Website and the Services is at your own risk. The Website 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 Website and the Services will meet your requirements. Further, no warranty is given by Qdubs that the functionality of the Website and the Services will be uninterrupted or error free, that defects will be corrected or that the Website 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 Website 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 Qdubs for death or personal injury as a result of the negligence of Qdubs.

Entirety
These Terms set out the entire agreement between Qdubs and you relating to your use of this Site. Any failure by Qdubs to assert any rights it may have under this agreement does not constitute a waiver of Qdubs’ right to assert the same or any other right at any other time or against any other person or entity. This Agreement may be modified only by Qdubs’ posting of changes to these Terms and Conditions.

Governing Law
These Terms and Conditions shall be construed in accordance with English law and you agree hereby submit to the exclusive jurisdiction of the courts of England.

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