1. General
1.1 These Terms of Use ("Terms of Use") applies to the use of YouTube sales system on Findthetune.com Online and the Music Catalogue (the "Services").
1.2 The Services is owned and provided by Apollo Music ApS, Denmark.
1.3 By using the Services you agree to the following Terms of Use. Findthetune.com reserves the right, at its full discretion, to modify these Terms of Use according to the, at all time, current legislation. Such modification enters into force when published on http://www.findthetune.com (the "Website") or communicated to you in any other appropriate manner. Your continued use of the Services after such modification is valid as consent thereto. Do check the Website regularly to verify whether these Terms of Use have been modified. If you do not accept to abide by these Terms of Use you may not use the Services or access any Content.
1.4 Any translation of these Terms of Use from English into another language is made only for convenience purposes and the translation will not be a valid contract. At all times will the English version be the prevailing one and the version valid as agreement and Terms of Use.
2. The Services and general limitations of use
2.1
The Services is an Online Music Catalogue service, by which Findthetune.com makes available digital music files (collectively as well as any part thereof "Content") for simple listening and for the purpose to be used in YouTube videos, under the terms, conditions and privacy policy as set out in these Terms of Use and the Music License Agreement available on the YouTube sales system website that is linked to from Findthetune.com.
2.2 The Services is ONLY available for private persons that have registered and created user accounts for the YouTube sales Services and picked a monthly payment plan.
2.3 The assortment of Content may be amended by Findthetune.com, with or without any notice to you except, however, section 8. You accept that the Content that is available might not be available at a later stage except for section 8.
2.4 You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Services in a manner that sends more requests to Findthetune.com or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser. Its only possible to have one payment plan for one YouTube account.
2.5 You agree to only download Content that is directly needed for your work and that you will not use any automated system or device (including, without limitation, any robot, spider or program) to download larger amounts of Content that will not be used in the fulfillment of your obligations to your employer. Please be aware that Findthetune.com has reserved the right, in its own discretion, to immediately terminate any account that may be performing such abuse.
2.6 Daily download limit is 500 per user. If you require more downloads per day it is possible upon request however the decision of granting more downloads would be solely upon Findthetune management.
3. How to access the Service and your account
3.1
In order to use the Services you also need an Internet connection with certain requirements, which are specified on the Website.
3.2 In order to use the Services you must create a personal account in the YouTube sales system and pick a payment plan and register as user by following the instructions that are further specified in the user registration form. Your account will contain basic account information including username and password together with your YouTube channel. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Findthetune.com reserves the right to test and to verify this at any time. You are not allowed to have more than one account for 1 channel. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.
3.3 You must notify Findthetune.com of any breach of security or unauthorized use of your Findthetune.com account that you become aware of.
3.4 You agree that you will be solely responsible (to Findthetune.com YouTube account) for all activity that occurs under your Findthetune.com
4. Intellectual Property Rights
4.1 You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms of Use and under the Music License Agreement.
4.2 All content available through the Services and on the Website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Findthetune.com, and Apollo music ApS, Denmark. Except for the rights expressly granted to you in the Music License Agreement and in these Terms of Use, no right to the Services or the Content is assigned to you, and all rights, title, interest in the Services and the Content are reserved and retained by Findthetune.com and Apollo music ApS, Denmark. Apollo music ApS, Denmark do under no circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Services or the Content as a result of receiving the digital distribution of the Content except your personal data as described in section 8.
5. Use of Computer Resources
5.1
You agree that Findthetune.com has the right to allow the Services to make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. However, this may only be done to facilitate the process, functions and operations of the network to which the Services is connected and runs as well as to facilitate the transmissions and communications of data or other features to you as well as to others who use the Service with the limitations mentioned in section 8.
5.2 If you are connected to the Internet in a foreign country the Services may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. As a consequence extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the services you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify Findthetune.com for any third party claims due to the possible extra charges from your ISP referable to you. All with the limitations mentioned in section 8.
6. Advertisement
6.1
You accept that you may be exposed to commercial messages, newsletters and advertisement sent by Apollo music when using the Services. Please find more information regarding the service privacy policy in section 8.
6.2 You accept that when posting a video you have to write music from findthetune.com
6.3 You accept that Findthetune YouTube channel may show your video if its good enough to promote the music that is on.
7. Support
7.1
You are always welcome to contact Findthetune.com on youtube@findthetune.com if you have knowledge of infringements or any copyright issues.
8. Privacy and Personal Data
8.1
You agree that Findthetune.com has the right to collect and process personal data about you and your use of the Services in accordance with Findthetune.com’s Privacy Policy and The European Data Protection Regulation of May 25th, 2018. Findthetune.com's applicable Privacy Policy is available on the website https://www.findthetune.com/online/login/privacy_policy
9. Service Level and Liability
9.1
Findthetune.com will make reasonable efforts to keep the Services operational. However, technical problems or maintenance may, from time to time, result in interruptions, and Findthetune can’t be held responsible.
9.2 Findthetune.com is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Findthetune.com's control.
9.3 Findthetune.com will from time to time carry out updates and maintenance of the Services, during which the Services might be unavailable. Findthetune.com will try to arrange updates and maintenance outside of peak usage hours.
9.4 The Services is provided "as is" and there is no warranty, expressed or implied, regarding to the availability, fitness for purpose, Content or other data provided and the quality of the Services. You also acknowledge that freedom from program errors cannot be obtained in the software industry.
9.5 Findthetune.com may share your personal data with third parties who provide services on our behalf (for whitelisting purposes and so forth).
In such cases our third-party service providers are and will be required to take appropriate security measures to protect your data in line with our policies. We do not allow them to use your data for their own purposes. If we permit third-parties to process your data it will only be for specified purposes and in accordance with our instructions.
We may also share your personal data with third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or to protect the rights, property or safety of our site, our users, and others.
Where your data is shared with third parties, we will seek to share the minimum amount necessary.
9.6 Findthetune.com reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Services with or without notice, and Findthetune.com shall have no liability to you if Findthetune.com exercises such rights.
10. Indemnity
10.1 Upon request by Findthetune.com, you agree to indemnify, defend and hold the services harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the services in a manner not in strict conformance with these Terms of Use.
10.2 Furthermore, Findthetune.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Findthetune.com in asserting any available defenses.
11. Additional Terms
11.1 If you violate any of the terms or conditions in these Terms of Use, your right to use the Services and access Content will immediately terminate. Findthetune.com may further, at its sole discretion, terminate your account and your access to the Services with two weeks notice.
11.2 Content types and descriptions, such as genres, categories etc. are provided for your convenience only and Findthetune.com does not guarantee their accuracy.
11.3 If you purchase a music license from Findthetune which covers your music usage for months or pay-per-use, you are always required to report your music usage to Apollo Music ApS. Reporting your music can either be done via Findthetune’ s reporting functionality from the main menu or by contacting your music supervisor.
Reporting your music usage should take place no later than 1 month after your music usage. Failure to comply with reporting your usage within the deadline given will result in fine of €500.00.
By accepting our Terms and Conditions you are letting us know that you agree to report all your music usage to Apollo Music ApS as described in this section.
These conditions are not required for users who solemnly use the YouTube services on our platform.
12. Assignment
12.1 Findthetune.com is entitled to in whole or in part assign its rights and obligations under these Terms of Use to a third party according to, however, the privacy policy in section 8.
13. Partial Invalidity
13.1 If any provision of these Terms of Use shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms of Use shall not be affected thereby. Each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law.
14. Law and Dispute Resolution
14.1 Danish law shall apply to these Terms of Use except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be determined by Danish courts of general jurisdiction where the district Copenhagen Court House shall be the court of first instance.
14.2 Findthetune.com has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.