Legal

Curator Code of Conduct

Last updated on February 19, 2021

1. Introduction

The Soundtrack Your Brand (“SYB”) platform enables music curators (“Curator” or “you”) to create and/or import Playlists and Content (see definitions below) for SYB customers who wish to obtain curated content as a measure to enhance their brand and/or business.

This Code of Conduct (the “Code”) includes important information about SYB’s expectations on you as a Curator when creating curated content on our platform. You must comply with the Code so please take the time to read the Code carefully. We may update the Code occasionally, so please be sure to check back here every so often for updates.

2. Definitions

The following terms have the following meanings:

  • Content – means Songs, commercial messages or other audio or visual content accessible on SYB’s platform (such as texts, artwork, images, graphics etc.).

  • Playlist – a collection of minimum 50 Songs which may or may not be updated.

  • Song – means a musical work.

The above defined terms are together referred to as “Curated Content”. Below you will find specific requirements relating to the Curated Content.

3. Copyright and right of use

In connection with any and all Curated Content you post, furnish, or create, you grant to us the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, make available, transmit, modify, prepare derivative works of, edit, adapt, reformat, translate, and otherwise exploit all or any portion of suchCurated Content on the Service and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including for any promotional purposes) without accounting, payment,notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to us, in our sole discretion.

For the avoidance of doubt, the rights, licenses and privileges described in this Code and granted to us shall be perpetual. We do not acquire any title or ownership rights in the Curated Content that you post, furnish, or create. You represent, warrant and covenant that you, with the exception of the rights for which we are responsible for as per our GTC, have the right to grant the rights, licenses and privileges described herein and to perform and comply with all of the requirements set forth herein; (b) your curation, submission, uploading, emailing, displaying, transmission and/or making available of Curated Content does not violate this Code, any rights of any other party or entity, any of your obligations, any law (including legal provisions applicable at the place where Curated Content is played), rule or regulation or infringe upon, misappropriate or violate any intellectual property, copyright, patent, proprietary, privacy, moral, publicity or other rights of any party or entity; and (c) you hold and shall continue to hold all the rights necessary to enter into, authorize, grant rights and perform your obligations under this Code and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your Curated Content hereunder.

You agree to indemnify, defend and hold us and our affiliates and partners and customers harmless from and against all losses arising out of or in connection with a violation or breach of this Code by you.

4. General requirements

In general, we demand of you to be considerate of others, respect the law and the Code when creating Curated Content. Some examples on this follow further below.

Quality

It is very important that all Curated Content is made in a professional manner, contains a wide variety of songs/artists and is tailored to fit commercial settings, i.e restaurants, boutiques, etc, with the aim to create a positive atmosphere.

Availability on the Service

There is no obligation for SYB to publish your Curated Content on the Service and SYB reserves the right to delete any Curated Content at any time and for any reason.

Explicit content

If the Curated Content contains explicit content, the customers must be notified about this in the description of the Soundtrack and SYB reserves the right to exclude explicit content or delete Soundtracks containing explicit content.
We specifically condemn and ban any use of Content that is predominantly sexual in nature, or that could be perceived as an aid to sexual gratification. This includes images containing nudity and recordings or detailed descriptions of sexual acts. We will also not tolerate Content that promotes or encourages hatred, discrimination or violence against others based on such things like race, cultural identity or ethnic background, religious beliefs, disability, gender identity, or sexual orientation. Be respectful towards others.

Curation for specific Customers

Where Curated Content is created and dedicated to a specific Customer ordered by SYB, and the Customer and SYB have provided their approvals, deviations may be made from this section 4 of the Code.

5. Curation on Soundtrack Essential

Furthermore, the following rules must be adhered to in regards to all Curated Content that is accessible for Soundtrack Essential customers:

  • Not more than three tracks (and not more than two tracks in a row) from the same album within a three-hour period will be played;

  • Not more than four tracks (and not more than three tracks in a row) from the same artist or compilation within a three-hour period will be played; and

  • No pre-announcement to visitors of upcoming tracks, albums or artists.

The above rules do not apply to Curated Content that is exclusively accessible for Soundtrack Unlimited customers.

6. Removal of Curated Content

Any Curated Content that is not in full compliance with this Code may be removed by SYB at any time and for any reason.