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LEGAL

Terms of Website Use

What these terms cover.

These are the terms and conditions on which we supply our products and services to you and on which you may make use of our website www.tracklib.com and any sub-sites and sub domains and any technical applications (including so called apps) (“our Site”).

Why you should read them.

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. These terms tell you who we are, how we will provide content to you, how you and we may change or end our contract, what to do if there is a problem and other important information.

We may amend these terms from time to time.

Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at the time. The terms were most recently updated on 19 May 2020.

You may print off one copy and download extracts of our Site pages for your own personal use.

Are you a business customer or a consumer?

In some areas you will have different rights depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (and not for use in connection with your trade, business, craft or profession).

If you are a consumer, these terms of use will not limit any consumer rights that you may be entitled to under the mandatory laws of your country of residence.

If you are a business you acknowledge that these terms constitute the entire agreement between us and you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SITE NOR ANY OF THE PRODUCTS AND SERVICES THAT CAN BE ACCESSED ON OUR SITE.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our Site:

  • Our Privacy Policy www.tracklib.com/privacy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy www.tracklib.com/cookies which sets out information about the cookies on our Site.
  • Our Privacy Policy, Cookie Policy and Terms of Use are jointly referred to as this Agreement.

Information about us and how to contact us and how we may contact you

Who we are. We are Tracklib Holdings AB and our website, www.tracklib.com, is operated by us ("We"). We are registered in Sweden under company number 556984-1918 and have our registered office at Nytorgsgatan 15, 116 22 Stockholm, Sweden. Our main trading address is Nytorgsgatan 15, 116 22 Stockholm, Sweden. Our VAT number is SE556984191801.

How to contact us. You can contact us at our email address which is hello@tracklib.com.
How we may contact you. If we have to contact you we will do so at the email address(es) you provide to us.

How we may contact you. If we have to contact you we will do so by writing to you at the email address you provide to us when you register on our Site.

Tracklib website requirements

Our site is made available free of charge.

We may update and change our Site and the content on it from time to time to reflect changes to our products, changes in relevant laws and regulatory requirements, to implement minor technical adjustments and improvements and to reflect our business priorities and our users’ needs. We may suspend our Site temporarily in order to make updates and changes.

You agree to automatically receive updated versions of our Site and third party software. You acknowledge that the use of our Site may require third party software that is subject to third party licenses.

We do not guarantee that our Site, or any content on it, will be free from errors, always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site except as expressly stated otherwise in these terms of use without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

Our Site requires that (i) you have Internet access (fees may apply and you are responsible for all Internet access fees) (ii) you use a compatible computer system, running a late version of Windows, or Mac OS X or Linux-based, operating system, (iii) you use a compatible handheld/touch device with a modern browser (e.g. Firefox, Chrome) and (iv) prior to downloading any content, you must provide us with a current and valid method of payment which is accepted by us but which you may update from time to time and also pay the required fee in full. High speed broadband is recommended for your enjoyment and use of our Site.

The ease of access to content on our Site may vary from device to device and may be affected by a number of factors including bandwidth, speed of Internet connection and the device over which you are accessing content.

Your rights to access our Site and additional conditions on the use of our Site

Access to our Site allows you to preview, search for and listen to music content but in order to make any other use of our Site (including being able to download content) you must register as a Tracklib user and create a user account with a username, your email address and a password. In order to become a registered user of our Site, you must: a) have a legal right to enter into a binding contract with us and not be prohibited to do so under any applicable laws; and b) be 18 years (or the age of majority in your country or state) or older unless you are aged between 13 and 17 and your parent or legal guardian has consented to your use and accepted this Agreement. Please note that some of the music content on our Site may contain parental guidance criteria (meaning that some lyrics may be unsuitable for young children).

Tracklib is a Site dedicated to the lawful licensing of samples. Tracklib is committed to promoting the rights of content owners, artists, producers, writers and all others involved in the lawful use of music. We receive substantial demand for our services and are not a so-called “streaming service”.

Please note that more detail on your options to use our Site are set out below under the heading “What can you use our Site for”.

You will be assumed to have obtained permission from the owners of the devices you use to access our Site including devices that are controlled, but not owned by you (“Devices”) and, where relevant, from your parent or guardian in order to access content on the Devices. You may be charged by your service providers for Internet access on the Devices. You accept responsibility in accordance with the terms of this Agreement for the use of our Site and the content on or in relation to any Device, whether or not it is owned by you.

You agree that our Site may make use of location data sent from the Devices. However, you can turn off this functionality at any time by turning off the location services settings for the Device.

If you use our Site, you consent to us and our affiliates', transmission, collection, retention, maintenance, processing and use of your location data and queries to provide location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Devices. Please also refer to our Privacy Policy in this regard.

Once you have registered on our Site, you can choose to allow our Site to remember your password. You can turn off this functionality or change settings to require a password for every use of your user account by adjusting the account settings.

You agree to provide accurate and complete information when you register a user account and as you use our Site ("Registration Data"), and you agree to update your Registration Data in order to keep it accurate and complete. You agree that we may store and use your Registration Data in order to take payment from you when you place an order.

You shall not access or attempt to access user accounts that you are not authorised to access. Violations of system or network security may result in civil or criminal liability.

You are solely responsible for maintaining the confidentiality and security of your user account details and password and for all activities that occur on or through your user account and we shall not be responsible for any loss, damage or anything else arising out of the unauthorised use of your account. You must keep your password confidential and not disclose it to any third party. If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@tracklib.com.

You agree to use our Site and its features, functionality and content in accordance with all applicable laws, rules, regulations or restrictions on the use of our Site and the content.

We have the right to disable any password at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of this Agreement.

Your rights to access content from our Site

We are the owner or licensee of all intellectual property rights in our Site and all features, material and content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are not granted any license in respect of the features, material and content except as expressly set out in this Agreement.

Under no circumstances are you allowed to (i) do any of those things that you are prevented from doing by this Agreement (including in relation to content - please carefully read what these terms say below under the heading "what you can and cannot do with downloaded content”) (ii) share, copy, rip or capture, or attempt to share, copy, rip or capture, any features, material and content on our Site except as expressly allowed in this Agreement (iii) make any attempt to remove the watermarks from the content (iv) infringe our intellectual property rights or those of any third party in relation to your use of our Site and/or the features, material and content on it and/or (v) harvest any information or data from our Site or attempt to decipher any transmissions to or from the servers running any service.

We can change the features, material and content on our Site to reflect changes in relevant law and regulatory requirements. We may also implement minor technical adjustments and improvements to the content.

If you have any questions, please contact us at support@tracklib.com.

What can you use our Site for?

  1. Previews

As an unregistered user, you may preview up to 30 seconds of music content including using our loop maker (“Tracklib Loops”) and using any other technical functionality that you do not have to register for or pay to use;

Subject to you becoming a registered user of our Site (details of how to register are set out here and our Site) you may preview the whole of all music content.

2. Subscription Plans

You must first become a registered user of our Site to access our subscription plans. Once you become a registered user, you will be allocated a user profile page from which you can sign up to any of our subscription plans being the Essential, Standard or Professional plans. For details of each of those subscription plans including the payments required to access them and the features of each plan, please click here or view the Site. Details will also be provided when you sign up for your chosen subscription plan. We can, at our discretion, decide your eligibility as a registered user and/or a subscriber for such plans at any time. Each subscription plan is available on a monthly or annual basis. Details of the monthly and annual plans are here and on our Site.

We may at our discretion and from time to time offer subscription plans without payment or at a reduced rate, on such terms as are set out when you log in to our Site and for specified periods of time.

In order to sign up to one of our subscription plans, you must first supply credit or debit card information or Paypal information or such other payment method that we set out on our Site from time to time to accept payment ("Payment Information") including during any free period. The payment methods we accept will be displayed on our Site. After having supplied us with your Payment Information, your user account will then be used to pay for your chosen subscription plan. We may request a temporary authorisation during any free period from the financial institution issuing your Payment Information in order to confirm its validity and to verify your eligibility to participate in any subscription plan.

Once you sign up to a subscription plan, that will constitute a contract between you and Tracklib which is governed by these terms.

Please note carefully that once you have used a Credit (for further details on Credits, see here) to download content and the download of your chosen content has begun, you will lose any right you might have to cancel or change the use of that Credit meaning that you will not be able to change or cancel the track you have downloaded.

Any free period relates solely to the subscription plan you have chosen.

By providing your payment details you agree that we may automatically begin charging you for your chosen subscription plan on the first day following the end of any free period on a recurring monthly or annual basis (or such other recurring basis of which we inform you prior to you purchasing your chosen plan). If you do not want to pay this charge, you must cancel your chosen subscription plan before the end of the free period on your user profile page (link here). If you do cancel during your free period, your plan will remain active until the end of the free period.

Your Payment Information will be used for future orders but if you wish you may change that Payment Information on your user profile page. If you do change your Payment Information, you must provide us with new Payment Information if you wish to continue with your subscription plan, purchase Credits or get a sample license.

Please note that the issuer of your Payment Information may make charges to you for making your payments so please check with your payment processor regularly for details

Tracklib’s subscription plans are automatically renewable on a monthly or annual basis (or such other recurring basis of which we inform you prior to you purchasing your chosen plan) depending on the plan you choose, until terminated by you or us in accordance with these terms.

If we do not receive authorisation for your Payment Information or if your payments fail at any time, your account and all the services and Credits available to you will immediately be suspended and you will not be able to use any Credits or your chosen subscription plan services. This will be until such time as we receive authorisation for your Payment Information or you provide us with new authorised and working Payment Information together with the whole amount of any payment due. It is critical therefore that if you change your Payment Information, you inform us immediately via your user profile page.

We may change our subscription pricing at any time and also vary or terminate our subscription plans from time to time but will inform you in advance of any such price or plan changes and how they affect your plan and payments. We will have no liability for any such changes to the extent permitted under applicable law. Those price and plan changes will take effect from the start of your next subscription period after the change. Your continued use of your plan will confirm your acceptance to the price and plan changes, however if you do not agree to the price and/or plan changes, you can unsubscribe from your chosen plan but you must do this before the start of the next subscription period via your user profile page (link here). If you do not do this, you will have confirmed your agreement to the changes in accordance with these terms.

3. Credits and Content Download

Your chosen subscription plan will entitle you to receive a specified amount of credits together with other services. Credits are not transferable. Credits may be used to purchase content downloads from Tracklib (“Credits”) (for further information on content downloads, see under the heading “Content Download” below).

Credits issued during any free period are subject to the payment verification referred to above and may be revoked in the event that such verification fails.

Any free or promotional credits provided to you as part of your chosen plan or as part of any other Tracklib promotion will also be subject to these terms.

Provided you remain a member of a subscription plan (including after you have informed us that you wish to cancel a plan but before the expiry of the then current subscription plan period) Credits purchased by you may be used to purchase content downloads. Note carefully that your Credits expire if you cease to be a member of a subscription plan, at the end of the period when your chosen subscription plan terminates.

4. Purchasing additional Credits

During any period of your subscription plan (including any free period) you can purchase additional Credits via your user profile page or by clicking here. Credits will be priced by Tracklib and the price shall be as specified on our Site from time to time (such pricing being subject to change) and will vary depending on which subscription plan you have signed up for. Purchased Credits shall also be subject to these terms.

If you are a consumer, please note that once you have used a Credit (for further details on Credits, see here) to download content and the download of your chosen content has begun, you will lose any right you might have to cancel or change the use of that Credit meaning that you will not be able to change or cancel the track you have downloaded.

5. Upgrading and downgrading your chosen subscription plan

Subject to an upgrade or downgrade being available (which is dependent upon your chosen subscription plan) you may, at any time, request an upgrade or downgrade of your plan. However, if you decide to upgrade or downgrade your plan during your free period, you agree that the free period will end at that point and your payment method will be charged from that date. Do not worry however you can still use the Credits you received during your free period with no extra charge.

Upgrades:

Essential plan subscribers can upgrade to the Standard or Professional plans.

Standard plan subscribers can upgrade to the Professional Plan.

Monthly plans can be upgraded to the annual plan.

If you upgrade, your upgraded plan shall commence immediately and we will immediately charge the whole amount of the upgraded monthly or annual plan. Any unused Credits shall transfer to your new plan and be governed by the provisions of the new plan. For clarification, your upgrade (and any additional Credits and services available in the upgraded plan) will immediately be available to you.

Downgrades:

Professional plan subscribers can downgrade to the Standard or Essential plans.

Standard plan subscribers can downgrade to the Essential plan.

Annual plans cannot be downgraded to monthly plans.

If you downgrade, your downgrade will take effect from the commencement of the next plan period and we will charge your Payment Information with a reduced amount from the beginning of the next period. Any unused Credits shall transfer to your new plan and be governed by the provisions of the new plan.

6. Cancelling your subscription plan

During any free period, you may cancel your subscription plan on your user profile page or here and you will not be charged any fees. After your free period is over, you can cancel at any time by visiting your profile page or contacting customer care, but you will not receive a full or partial refund of any subscription fees already paid for the period of your plan. Cancellation will take effect at the end of the period of your chosen plan, whether monthly or annual. Please note carefully that we are unable to downgrade annual plans to monthly plans so if you choose to cancel an annual plan you are still liable for the remainder of the annual plan period. At the end of your chosen plan period, all of your unused Credits will not be available to you until and unless you sign up to a new plan in which case any unused Credits will again be available for you to use.

If you are a consumer (see above as to who is a consumer) and you change your subscription plan within your free period you can then cancel your subscription plan within 14 days of that change.

7. Content Download

Once you subscribe to one of our subscription plans in accordance with these terms, you may use your Credits to download music content that is available on the Site. One Credit entitles you to one download. Downloaded content can and must only be used for private non-commercial use so you can test the usage of downloaded content for research purposes (including together with your own or other recordings so long as you are fully entitled to use those recordings) but for no other purpose. You cannot release, deliver or make downloaded content available or use it for any other use except in accordance with a completed license from Tracklib (see point 9 below for detail on how to obtain a license).

When do we accept your order for a download?

If you wish to download content, our acceptance of your order will take place as soon as you use a Credit for such purchase as set out here. Please note that you cannot request a change of the content once the download has begun.

Requesting a license for commercial use of downloaded content

How you can request a license to use downloaded content for any other use.

After you have downloaded content, you can request a license for the commercial use of that content subject to that content still being available for license and on the terms and conditions of our content licenses from time to time.

It is possible that (due to circumstances beyond our control) downloaded content may no longer be available for license so we recommend you apply for a license as soon as possible. If the content you have downloaded is no longer available for license, we will provide you with one additional Credit.

Detailed information on the licenses available and the terms and conditions of those licenses from time to time are displayed on our Site. If we accept your request, a written contract will be available for you to download and review here, on your ‘Your Songs’ page. The contract will set out all the terms and conditions of the license including the payment by you of the license fee and additional monies and what you can, must and can’t do with the content. You will also be provided here, on your ‘Your Songs’ page, with the steps you have to take to complete your license and once (but only once) you have completed all those steps, your license shall constitute a completed contract between us in accordance with all its terms and conditions. That contract will at all times be subject to and conditional upon your complying with all of its terms and conditions. Your Payment Information will be used by us in order to take payment for the fees and royalties payable by you for the content you wish to license.

Your registration and payment on our Site

Provided you comply with this Agreement (including making all applicable payments and verifying your email address when requested by us) your Tracklib registration and subscription will continue until terminated.

You should be mindful of any communication requesting that you submit credit or debit card or other account information as this can result in identity theft. Always access your membership and subscription information by directly visiting www.tracklib.com and not through a hyperlink in an email or other communication even if it looks genuine.

Please note carefully that any third party provider you have used to sign up or make payment to Tracklib might have its own cancellation policies so please visit your account with any relevant third party for details. We cannot assist you with this.

Our liability under this agreement

We are under a legal duty to supply content that conforms with this Agreement. We agree that content downloaded by you will be as described, fit for purpose and of satisfactory quality. More information may be available on our Site from time to time.

If you have been sent the wrong content or the received content is faulty, please let us know within 14 days and we will investigate your complaint and if you have been sent the wrong content (i.e. not what you ordered) or the content you have received is faulty, we will either deliver the appropriate content or refund your payment to your Payment Information.

If you can show the content has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care or skill. Loss or damage is foreseeable if it is obvious that it will happen or if at the time the contract was made both we and you knew it might happen.

Nothing in these terms or this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

THE NEXT PARAGRAPH DOES NOT APPLY IF YOU ARE A CONSUMER

If you are a business user (but not a consumer), please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, Devices, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or any server, computer or database connected to our Site. By breaching this provision, you are likely to commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Suspension and termination of your use

If you breach or fail to comply (or we have reasonable grounds for believing that you have, will or may so breach or fail to comply) with any of these terms (or any documents referred to in these terms or any terms of this Agreement) including if any payment is not successfully made for whatever reason we may, at our sole discretion, without notice to you;

  • terminate or suspend your use of our Site,
  • terminate or suspend your registered account use and/or
  • terminate or suspend your subscription plan and/or
  • cut off or limit your access to our Site, content and/or your registration

and in each of the above cases, you will remain liable for all amounts due from you up to and including the date of termination.

Applicable law and jurisdiction

These terms of use and this Agreement, its subject matter and its formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction.

General

This Agreement (together with the documents referred to in it) constitutes the entire agreement between you and us and replaces and supersedes any prior agreements between you and us.

If any part of this Agreement (together with the documents referred to in it) is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

This contract is between us and you. No other person shall have a right to enforce any of its terms.

If we do not insist immediately that you do anything that you are required to do under these terms or if we delay in taking any steps against you in respect of your breaking of this contract, that will not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:

our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.

We may transfer our rights and obligations under this Agreement terms to another organisation.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

You expressly acknowledge and agree that all use of our Site is at your sole risk. To the extent permitted by law, we shall have no liability with respect to your; use of our Site, including the inability to access, download, or access previously downloaded content; or your subsequent use of content, in whatever manner such content is used, including use with third-party software or hardware.

In this Agreement, words following the terms include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

You might encounter third party applications that interact with our Site and your use of them may be subject to third party terms of use.

Thank you for using Tracklib!