TERMS AND CONDITIONS
Thanks for visiting and using our website. The following are the terms and conditions that govern the use of the Site. THESE TERMS AND CONDITIONS OF USE ("TERMS") CONSTITUTE A LEGAL CONTRACT BETWEEN YOU AND ChartsZ. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THE SITE OR DOWNLOAD ANY SONG CONTAINED WITHIN THE ChartsZ CATALOG. BY USING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental or legal guardian consent before attempting to use, download or license any of the Songs, as defined herein. Without parental or guardian consent, you must discontinue use of the Site.
OWNERSHIP OF THE SITE
The Site is owned and operated by ChartsZ. All of the content featured or displayed on the Site, including, but not limited to, logos, written text, graphics, photographs, images, moving images, sound, illustrations and software as well as the underlying code which creates the Site (collectively "Content"), is owned or controlled by ChartsZ, or entities which have granted certain rights to ChartsZ. Further, all elements of the Site, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. "MUSIC DEALERS", the ChartsZ logo, and the slogan, “A GLOBAL MUSIC COMMUNITY A GLOBAL LICENSING SOLUTION” are trademarks of ChartsZ and may be registered throughout the world.
NO UNAUTHORIZED USE
Except as specifically provided herein or with ChartsZ’s written consent (electronic mail consent does not constitute written consent), you may not print, copy, reproduce, distribute, disable, decompile, disassemble, reverse engineer, transmit, upload, download, store, display in public, alter, modify or otherwise change or transfer the Site or the Content. Further, you may not contact for the purposes of solicitation any of the artists or other users included in the Site for your own gain or the gain of a third party. Nor may you use in any way (a) ChartsZ’s logos or icons to hyperlink other web sites with the Site, or (b) the Content, ChartsZ’s name, trademarks, trade names, service marks, or any patented designs for any reason. If you wish to take any of these actions, please complete the contact us form. If permission to hyperlink is granted in writing by ChartsZ, you may not remove or obscure (by framing or otherwise) any copyright notices, advertisements, or other information on the Site.
ChartsZ offers pre-cleared sound recordings for licensing placements in any media. The ChartsZ catalog consists of thousands of pre-cleared musical sound-recordings (each a “Song” and collectively as “Songs”) which may be licensed for a fee by you the user of the Site. After registering as a user of the Site, you will be able to download Songs. ChartsZ grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the Song solely for evaluation purposes, to test the Song (including using the Song in animatic and video sequences via the ChartsZ site or your own platform) or for demonstration to your clients, but only when used in a non-commercial manner.
Your usage of the Songs is governed by these Terms unless and until you request to purchase a license of a Song from ChartsZ. Upon your request to purchase a license of a Song, ChartsZ will deliver a license agreement ("License") to you which will serve as both invoice and license. The provisions of the License will control your use of the Song and will override any conflicting provisions in these Terms with respect to your use of the Song. Unless and until specifically granted in a License, you may not (i) sublicense, re-title, rent or in any way lease a Song; (ii) publish, provide a hyper-link, transfer or in any way copy a Song to a third party site, network or internet bulletin board; (iii) otherwise distribute or allow any Song to be distributed to or used by anyone other than as authorized hereunder; (iv) use any Song in a libelous, defamatory, fraudulent, infringing or otherwise illegal manner, including the export of a Song into any country which prohibits such exportation or importation.
Except for those uses described above, rates and rights to use must be negotiated before use.
All Songs and all rights not expressly granted in writing remain the exclusive property of ChartsZ.
ENFORCEMENT AND INDEMNIFICATION
ChartsZ will pursue all necessary legal action and will seek all available financial compensation and damages (including federal and state statutory copyright damages) should ChartsZ be notified or otherwise discover any infringement or wrongful use of any Song, information, intellectual property or Content available through the Site.
By using the Site, you agree to indemnify ChartsZ, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content and related rights.
ChartsZ respects your rights to privacy. if any, of any personal information and how such information may be used.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ChartsZ EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THE SITE. ChartsZ MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ChartsZ NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
Except as specifically stated in these Terms, any Licenses or elsewhere on the Site, or as otherwise required by applicable law, neither ChartsZ nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of the Site or the Content whether or not we have been advised of the possibility of such damages.
There may be links to other websites from the Site; however, these other websites are not controlled by ChartsZ and ChartsZ is not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against ChartsZ regarding the inclusion of links to outside websites or your use of those websites.
These Terms will be interpreted, construed and governed by the laws of the state of Delaware, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts located in Delaware and each party agrees not to contest the personal jurisdiction or venue of these courts. You consent to such jurisdiction. Notwithstanding the foregoing, however, ChartsZ will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of ChartsZ, such action is necessary or desirable.
ChartsZ reserves the right, in its sole discretion, with immediate effectiveness, to change, modify, add, remove or otherwise alter these Terms at any time without notice. It is your responsibility to check these Terms periodically for any changes. Your continued use of the Site or services following the posting of any changes to these Terms constitutes your acceptance of such changes.