This licensing agreement (Agreement) governs the terms by which the subscriber (You) may download and use the production music, loops, and sound effects (Audio Recordings) available at TunePocket.com Web site (TunePocket)
You are at least 18 years of age and have the legal right and authority to enter into this Agreement as yourself or on behalf of a third party (i.e. your business or employer) provided such third party is fully subject to and bound by the terms of this Agreement.
By purchasing a subscription and downloading any Audio Recordings from TunePocket you expressly acknowledge that you have read, understood, and agree to comply with the terms of this Agreement.
When creating an account and making payments, you agree to provide TunePocket with true and accurate personal, billing, and payment information.
This agreement applies to both, the Personal and the Business subscription tiers.
TunePocket grants you unlimited access to its entire catalog of Audio Recordings for the duration of 1 (one) year in exchange for the specified subscription fee. The subscription commences immediately after TunePocket receives the payment and is valid for exactly 1 year unless terminated by you or TunePocket staff. All active subscriptions will automatically renew at the reduced loyalty rate at the end of the first year unless cancelled or terminated prior to the expiration date.
As a subscriber, you are allowed to download any Audio Recording available at TunePocket’s Web site at any given point of time for the entire duration of your subscription.
AUDIO RECORDINGS OWNERSHIP
When you download an Audio Recording at TunePocket, you do NOT assume the ownership of that Audio Recording and no copyrights are transferred to you. TunePocket grants you a limited royalty free license to use that Audio Recording as described below.
All active subscribers are hereby granted the perpetual license to use any downloaded Audio Recording in the following types of media projects:
You may use the Audio Recordings in your personal or commercial and business related projects, as well as the projects you undertake on behalf of your client or employer. You may use the Audio Recordings in one or many commercial projects undertaken under the same business name. This license is valid in all countries and territories.
Personal video (incl. wedding and event videos), promotional video, corporate video, training video, explainer animation, advertisement, political advertisement, podcast, slideshow, audio book, film, documentary, online game, background music for a Web site / online application.
Presentation, slideshow, event, point of sale, on hold music, personal video, corporate / training video, film, documentary, audio book, game, software application, theatrical production.
You may use the Audio Recordings in content you posts on all social media platforms unless it contradicts the Allowed Usage section or represents the cases described in Restriction and Limitations section below.
You are allowed to use the Audio Recordings in monetized YouTube videos. TunePocket will provide reasonable assistance with resolving related YouTube copyright claims when applicable.
Broadcast (TV, Radio)
Show, program, film , documentary, commercial advertisement with limited local audience. Please contact us if you wish to use our music in a broadcast intended for the nation-wide audiences.
Please note that for broadcasting projects you may need to report the usage (submit the cue sheets) to the Performance Rights Organization(s) in your country. TunePocket makes no warranty as to what conditions will satisfy any particular PRO, and that will be your responsibility to comply with applicable laws of your country.
RESTRICTIONS AND LIMITATIONS
The Audio Recordings are licensed to you for specific use, not sold. This license does not transfer the copyright of the Audio Recordings to you.
This license expressly forbids resale, re-licensing, or any other distribution of the Audio Recordings, either as is, or any modification thereof. You may not use, modify, resell, sub-license, assign, transfer, otherwise make available or permit access by any third party to the Audio Recordings, except as expressly authorized by this licensing agreement, as outlined in the Allowed Usage section.
You are not required to credit TunePocket or its affiliated composers but you may not claim the Audio Recordings as your own work.
You may not claim the ownership of the Audio Recordings (or otherwise register it) in YouTube’s Content ID system or with any affiliated partners, such as AdRev, Audiam, and so on.
You are not allowed to use the Audio Recordings in any media content that is unlawful, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities.
The license is not transferable. You may not re-sell, share, “loan” (or otherwise make available) the Audio Recordings to any third parties. You agree not to share your account credentials with others. However, you can pass the license to your client if you are contracted to create a final product that requires music (for example, if you are hired to produce a corporate video for a client).
Watermarked audio previews are exclusively for testing, demo, and evaluation purposes and cannot be used for any other purpose including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media or video synchronization.
The license is not exclusive. TunePocket retains full rights to license the Audio Recordings to other subscribers at its discretion, as well as to remove any Audio Recording from the TunePocket Web site at any time and with no prior notice to the subscribers. If you need an exclusive soundtrack or want to purchase extended rights to any of the Audio Recordings, please contact us.
All Audio Recordings are offered ‘as is’. The total liability of TunePocket is limited to the subscription fee paid by you to TunePocket. You hereby agree that the license is granted to you without any other warranty or recourse and agree to indemnify TunePocket, its owners and employees, from any damage or financial loss resulting from your usage of any of the Audio Recordings downloaded from TunePocket.
Public Performance Rights for PRO registered Audio Recordings
This Agreement does not provide clearance for performing rights, which are governed by PROs, such as ASCAP, BMI, and similar organizations in countries throughout the world.
Typically, the performing rights royalties are paid by broadcasters and are not the responsibility of video producers, editors or typical users of production / stock music. This may not be the case in your country. If you plan to play your media project in public or directly broadcast or stream the project yourself, and if you or the broadcaster / venue do not have a blanket performance rights license, this will be your responsibility to understand and to comply with your country’s copyright laws and to obtain additional performing rights if necessary.
LIMITATIONS FOR EXPIRED SUBSCRIPTIONS
Once your subscription reaches the expiration date, you may NOT use any previously downloaded Audio Recordings in any new projects. You may, however, still use the downloaded Audio Recordings in all projects commenced or completed prior to the expiration.
CANCELLATION AND TERMINATION
This Agreement will commence on the first day of your subscription and will remain in effect for as long as you maintain any Audio Recordings or derivative work containing the Audio Recordings in your possession. TunePocket reserves the right to cancel your subscription without notice or refund if you violate any terms of this Agreement.
TunePocket will make every reasonable effort to assist you with resolving any technical or other issues that may prevent you from accessing TunePocket Web site and downloading and using the Audio Recordings.
You are eligible to request full refund in the following cases:
(a) You subscribed within 7 days and downloaded not more than 2 Audio Recordings.
(b) You subscribed within 30 days and not downloaded any Audio Recordings.
You are eligible to request a partial refund in the following cases:
(a) You subscribed within 30 days and downloaded not more than 10 Audio Recordings. The amount of the refund will be prorated based on the number of Audio Recordings you downloaded to date.
No refund will be given after 30 days or once you downloaded more than 10 Audio Recordings.
When you register with TunePocket, we ask for your or your company’s contact and billing information. We use this information to personalize your user experience, process payments, and to communicate the transnational (order confirmation, subscription expiration or cancellation notifications) and promotional (sales, special offers) messages pertaining to your account.
By providing your email to TunePocket you agree to receive electronic messages related to your TunePocket account, subscription, and downloads, as well as other relevant TunePocket notifications, promotions, and announcements.
By using TunePocket Web site, you agree that all the registration information we collect will be retained for as long as TunePocket’s Web site remains operational and may be stored and used in jurisdiction with privacy laws different from your home country.
When you visit TunePocket Web site, a small text file called a cookie is created and placed in your computer / device. The cookies allow TunePocket to provide you with personalized user experience and enable you to login and to manage your account. You may choose to configure your browsers to reject cookies, however, this may prevent TunePocket Web site from functioning properly.
If you have questions, please contact us.