I. Introduction.
The following constitutes a Terms of Service agreement, constructed of general terms and conditions (“Terms and Conditions“), provided by Chillhop Music B.V. and it’s subsidiaries (“Chillhop Music“), which apply to the use of this Chillhop Music website and any connected sub-sites (including shop.chillhop.com, a.k.a. the “Webshop“) (this website and it’s sub-sites, collectively, the “Website“), the Chillhop Music online music catalog, the ‘Chillhop Creators‘ music licensing program, as well as any other media files, goods, web applications, text, information and copyrighted assets belonging to or provided by Chillhop Music or its affiliates via the Website or connected services (collectively with the Website, the “Service“).
By using this Website and the Service, you hereby agree and accept all terms and conditions written here. You must not use our Service if you disagree with any of these Terms and Conditions, the Website Privacy Policy, or, where applicable, the Chillhop Creators – Terms of Service, the Webshop – Terms of Service and any other Terms of Service referenced herein.
II. About the Service.
The intention of the Service is to make available our digital music discography, brand media and content, merchandise, and other products or copyrighted assets of Chillhop Music or its affiliates to be streamed, viewed or otherwise (appropriately) purchased, licensed or downloaded from the Website for personal consumption – or to use as further defined in these Terms and Conditions and any applicable licenses, Terms of Service, or usage agreements provided with the Service.
Please note that all uses of the copyrighted music or materials provided within the Service will require a separate license agreement between you and Chillhop Music. Any person or entity that qualifies for the Chillhop Creators program (per the Chillhop Creators – Terms of Service) and desires to use the program’s music within an online, audio-visual media authorized by the program, may do so by registering a user account, accepting the terms and conditions of the service and license, and following the steps required for crediting such uses in their live streams or video media. If any person or entity does not qualify for the Chillhop Creators program, they must contact Chillhop Music ([email protected]) or an authorized representative to secure the necessary license and rights for such online media or any other usage.
III. About the Chillhop Creators Program.
All copyrighted music, media, metadata and any other content made available by the Service for use through the Chillhop Creators program (“Content“) is provided with the intent to be downloaded and used in audio-visual productions (Synchronized to a moving picture), including live streams and online video uploads to approved platforms by non-corporate, creative entities and persons that have (a) created a user account on the Website, (b) accepted the terms of conditions of the Chillhop Creators license and service, (c) registered their applicable content channels to their user account, and (d) provided the appropriate links and accreditations on the videos or live streams for any such uses of the Content.
Additional instructions and steps for setting up a Chillhop Creator account are provided on the Chillhop Creators – Account Setup and Crediting page.
IV. User Accounts.
In order to access certain features, programs and functions on the Website, such as the Chillhop Creator program, you will be required to create a user account. This can be done by following the instructions as prompted in the account registration form.
Please be aware that ‘www.chillhop.com‘ and ‘shop.chillhop.com‘ operate on separate user platforms and, if interested in using services on each site, you may be required to create separate user accounts (However, you are welcomed and encouraged to use the same user email address for each account). For terms and conditions regarding ‘shop.chillhop.com‘ user accounts – please see the Webshop – Terms of Service. The following items include notices and warranties with regard to the ‘www.chillhop.com’ website domain (i.e. non-Webshop) user accounts.
(1) When creating a user account on the Website, you are fully responsible for your username and password. You should never make your password available to anyone else. Please keep in mind that Chillhop Music and its officers, directors and employees would never ask you for your username or password. In case of such suspicious activity, please immediately contact Chillhop Music support team. You may not select an identity of another person with the intent to impersonate that person.
(2) If creating an account for the Chillhop Creators program, you are not allowed to create or use multiple accounts for the same entity or individual.
(3) If creating a user account, you agree that you will be solely responsible for all activity that occurs under your Chillhop Music account.
(4) Chillhop Music will not transfer or make your account resources and data available to any third-party systems or platforms (i.e. Systems and platforms that are not either owned or securely managed by Chillhop Music) without your expressed authorization.
V. Intellectual Property of the Service – Ownership and Use Limitations.
The following includes details around the ownership rights and usage limitations of intellectual properties belonging-to, or otherwise made available by, Chillhop Music via the Website or Service. Any of the following limitations will apply unless otherwise directly authorized by Chillhop Music, in writing:
(1) All content available on the Website and throughout the Service, including pictures, designs, animations, videos, graphics, music, sounds, products, text, data, information, code and other files, are and will remain the proprietary property of Chillhop Music or it’s affiliates.
(2) Chillhop Music under no circumstances transfers any right, title or interest in the Service or it’s Content to you, and you do not acquire any ownership rights to the Service or the Content by way of any usage or acceptance of the Service terms.
(3) All Content must be streamed, downloaded and accessed by way of the Website and Service, as provided by Chillhop Music and it’s affiliates. For clarity, you may not stream, download, access, ‘scrape’ or otherwise make available the direct files, code or data of the Website or the Content, outside of Service.
(4) You may not make the Content available in any other way or form except as expressly permitted under these Terms and Conditions and under an applicable music license agreement provided by Chillhop Music.
(5) You are not allowed to exploit the Content provided in the Service as stand alone files (for example, uploading the track to any kind of content distribution service) on its own or with a just background picture and/or just the name of the artist/track), as well as, sample, change or alter the composition in any way and/or add lyrics or additional instruments to the original composition.
(6) You may not use the Content in connection with productions that contain violence or sexual content, are offensive or discriminating, are illegal or contain illegal content, or that otherwise violate any rights of anyone associated with the Content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the Content.
(7) All authorized usage of the Content remains subject to the terms, conditions and policies of any third-party services or platforms where such Chillhop Creator media containing the Content are made available. Chillhop Music will make best efforts to ensure, but does not guarantee the Content’s eligibility on third-party platforms to (a) be available for use; (b) be used without restriction; and, (c) be royalty-free or otherwise un-monetized.
VI. API Client and YouTube API Services.
The Service provides access to the Chillhop Music API Client, which uses YouTube API Services. If you are using the API Client as part of our Service, you hereby by agree to these Terms and Conditions, the Privacy Policy and also certify that you have read and agree to be bound by the YouTube Terms of Service. If at any point you wish to revoke the Chillhop Music API Client’s access to your data on YouTube, you may do so via the Google Security Settings page for your account.
VII. Termination.
This agreement will continue to be in force until terminated by either party. If you or Chillhop Music terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to any content of the Service will immediately terminate.
VIII. Warranty.
Chillhop Music represents and warrants that it owns or controls 100% of the copyright of the Content and has the right to make the content available via the Service.
IX. Indemnity.
You agree and will indemnify and hold Chillhop Music harmless from any and all claims, liabilities, losses, damages and expenses including reasonable attorney fees and costs, arising from your misuse of the Service.
X. Jurisdiction.
This Agreement is to be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties are to be governed by, the laws of The Netherlands applicable therein. Each of the parties hereby agrees and accepts to the exclusive jurisdiction of the courts of the Netherlands.