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Legal

Curator Code of Conduct

Effective from April 5, 2016

Introduction

The Soundtrack Your Brand (“SYB”) platform enables music curators (“Curator” or “you”) to create and/or import Playlists, Soundtracks 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.

Definitions

The following terms have the following meanings:

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

  • Soundtrack – a collection of minimum 600 Songs which is being updated on a regular basis.

  • 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.

Copyright and right of use

In connection with any and all Curated Content you post 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, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your Curated 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, 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 commence immediately upon submission of the Curated Content and shall continue thereafter perpetually and indefinitely.

We do not acquire any title or ownership rights in the Curated Content that you submit and/or make available. 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 Curator Code of Conduct, 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, 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 Curator Code of Conduct 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 harmless from and against all losses arising out of or in connection with a violation or breach of this Code by you.

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.

Popularity

Each Playlist or Soundtrack needs to be used by a reasonable amount of users. SYB reserves the right to delete any Soundtrack or Playlist that does not have a reasonable amount of users or that are not used frequently.

Intensity

Every business has different preconditions, for example as regards opening hours and (customer flow) – some are open 24/7 and have a constant flow of new customers whereas other have limited opening hours and a low number of new customers. It is therefore important to adapt the Curated Content to as many different businesses as possible and therewith maintain a constant level of intensity of the content, to the extent possible. Information about the general level of intensity of the Soundtrack must be included in the description of the Soundtrack.

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.

Cover art and description

You shall provide cover art to and a description of the Playlist or Soundtracks. If cover art or description is not provided, SYB has the right to provide any cover art that SYB finds appropriate.

You are responsible for obtaining the required permissions and rights to the cover art that you use and acknowledge that you will hold SYB harmless against all claims and proceedings for or on account of any copyright infringement or otherwise relating to cover art.

Soundtracks created and dedicated to specific Customers or ordered by SYB

Where a Soundtrack is created and dedicated to a specific Customer ordered by SYB, and the Customer or SYB has provided its approval, deviations may be made from this code of conduct.

Specifically on Curated Content

A Soundtrack must contain at least 600 uniquely different songs and at least 15 different artists. The selected content should aim to achieve a certain sound or atmosphere which is suitable for a commercial context, and specifically for the targeted Customer. You must replace at least 10 % of the content in the Soundtrack every month.

No more than four tracks by the same featured artist (or from a compilation album) may be transmitted to the same listener within a three hour period (and no more than three of those tracks may be transmitted consecutively). No more than three tracks from the same album may be transmitted to the same listener within a three hour period (and no more than two of those tracks may be transmitted consecutively).

Removal of Curated Content

Any Curated Content that is not in full compliance with this Code may be removed by SYB at any time, without stating reason. SYB may provide a warning and give 30 days to rectify incompliance before removing Curated Content that is not in full compliance with this Code.