BENSOUND MUSIC LICENSE & SERVICES AGREEMENT
This Music License and Services Agreement (the “Agreement”) is a legally binding agreement between Mr. Benjamin Tissot, doing business as (dba) Bensound, having his headquarters located at 12 Rue Principale, 39240 Cernon, France (hereinafter referred to as “Bensound”, “we”, “our”, and “us”), AND each client, individual, entity, licensee, user or visitor (collectively “you” or “your”) (i) accessing Bensound’s website located at https://www.bensound.com (hereinafter collectively referred to as the “Website”), and/or (ii) using the Services (as defined under Section 3.1 of this Agreement) via the Website.
You and Bensound shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read the terms and conditions of this Agreement carefully before using the Website and Services. Your access to the Website and your use of the Services (as defined below) is conditioned upon your acceptance of and compliance with this Agreement.
The following defined terms shall have the following meanings under this Agreement:
2. ACCEPTANCE AND MODIFICATION OF THIS AGREEMENT
- 2.1 By accessing the Website and using the Services (defined below) you agree to be bound by this Agreement and accept to comply with all applicable laws and regulations. Should you disagree to be bound by this Agreement, in whole or in part, you shall (i) not be permitted/authorized to use the Services (as defined below), and (ii) refrain from accessing the Website.
- 2.2 Bensound may, in its sole discretion, modify or replace the terms and conditions of this Agreement from time to time. Your continued use/access to the Website and Services (as defined below) following the posting of any changes to this Agreement shall be deemed to constitute your acceptance of this Agreement.
3. THE SERVICES
- (collectively the “Service(s)” ).
4. FREE AND PAID LICENSES
Upon the expiry or termination of your All Access Subscription Plan, you acknowledge and understand that you shall no longer be able to download or access the Music Tracks and related license certificates on the Website, or clear new YouTube channels.
5. LIMITATIONS AND RESTRICTIONS
6. FEES AND TAXES
7. ACCEPTABLE USE OF THE WEBSITE
You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that infringes Bensound’s Intellectual Property Rights (defined below) or any third-party’s intellectual property rights; (iii) in a manner that violates the privacy or other personal rights of third parties; (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that shall (a) be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incite, encourage or threaten immediate physical harm against another, promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; contains material that solicits personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
8. INTELLECTUAL PROPERTY RIGHTS
9. DISCLAIMER OF WARRANTIES
10. LIMITATION OF LIABILITY
12. SUSPENSION, TERMINATION AND CANCELLATION OF All ACCESS SUBSCRIPTION PLAN
13. GOVERNING LAW AND JURISDICTION
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of France and the Parties irrevocably submit to the exclusive jurisdiction of the Association Française d’Arbitrage (AFA) in Paris (i.e. to the exclusion of the French public court system).
14. GENERAL PROVISIONS
15. CONTACT INFORMATION
Should you have any questions concerning this Agreement and/or any issues or concerns about the Website and/or Services you may contact Bensound at [email protected].
Last Revision: 9th of May 2023