RedBull Sound Supply: General Terms and Conditions
Version of August 1, 2018
1. General information
1.1. The following General Terms and Conditions (‘T&Cs’) form the basis for all products and services provided by REBEAT Film GmbH, company registration no. 350620v, registered at Gutenbergstraße 23, 3430 Tulln, Austria (‘REBEAT’) in connection with the music recordings (‘recordings’) and their underlying musical works (‘compositions’; recordings and compositions together: ‘titles’) made available on the website www.redbullsoundsupply.com (‘website’) for use in audio-visual productions (‘videos’).
1.2. ‘Services’ refers to all services offered, such as access, software, tools, support services etc., with the exception of the titles available to the users on the website.
1.3. The website services are solely intended for private consumers. Private consumers within the meaning of these T&Cs refers to any natural persons concluding a legal transaction for reasons not related to their commercial or freelance professional activities.
Corresponding products and services for corporate clients (i.e. natural or legal persons or partnerships with legal personality concluding a legal transaction in the exercise of their commercial or freelance professional activities) are available at http://music.redbullcontentpool.com/. The products and services for corporate clients available at http://music.redbullcontentpool.com/ are not provided by REBEAT.
1.4. Unless otherwise agreed in writing, REBEAT contracts are exclusively subject to these T&Cs.
1.5. The holder of all rights to the titles made available on the website and provided under these T&Cs is Red Bull Media House GmbH, company registration no. 297115i, registered at Oberst-Lepperdinger-Straße 11–15, 5071 Wals bei Salzburg, Austria (‘Red Bull Media House’). Red Bull Media House has concluded a general licence agreement with REBEAT, under which REBEAT is entitled to make all titles available to users free of charge or in return for a fee, in accordance with the provisions of these T&Cs.
2. Services offered by REBEAT
2.1. Free-of-charge services for users without a user account
2.1.1. Users who have not created a user account on the website may nonetheless access its basic functions, namely:
- searching the online database of titles available on the website;
- listening to all titles available on the website.
2.1.2. By listening to samples of the titles, the user does not acquire any rights to further use of those titles. In accordance with Section 2.3 of these T&Cs in particular, but not exclusively, the user is prohibited from using the titles in any manner, particularly by means of downloading, publishing or publicly distributing titles or making them publicly available, prior to purchasing a fee-paying licence.
2.2. Free-of-charge services for users with a user account
2.2.1. Users with a user account having logged on to the website also have access to the following functions in addition to those listed under Section 2.1 of these T&Cs:
- ‘My Favourites’ playlist: the user can add titles to their ‘My Favourites’ playlist on their user account for the website by clicking on the heart icon.
- SynchStage: the user can upload videos to the website up to a maximum size of 500 MB and add the titles they have selected from the range available on the website to the video directly on the website for testing purposes, and save it under their user account.
2.2.2. The uploading of a video or the addition of titles thereto does not grant either REBEAT or Red Bull Media House rights to the video.
2.2.3. Listening to samples of titles, saving titles in a playlist or adding them to videos for testing purposes via SynchStage does not grant the user any right to further use of the titles. To this end, a fee-paying licence must be purchased in accordance with Section 5 of these T&Cs.
2.2.4. Prior to acquiring a fee-paying licence in accordance with Section 5 of these T&Cs, the user is prohibited from using the titles in any form, particularly by means of downloading, publishing or publicly distributing titles or making them publicly available, and from using the videos to which titles have been added for testing purposes using SynchStage.
2.3. Fee-paying services for users with a user account
2.3.1. Users with a user account may purchase licences to titles, whereby it is possible to choose between two licence types, namely:
- standard licence – licence fee EUR 1.99 incl. 20% VAT per title and video (for the scope of the licence see Sections 5.2 and 5.4 of these T&Cs);
- extended licence – licence fee EUR 29.99 incl. 20% VAT per title and video (for the scope of the licence see Sections 5.3 and 5.4 of these T&Cs).
2.3.2. The titles available on the website are licensed, but not sold, to the user in accordance with Section 5 of these T&Cs; Red Bull Media House, licence supplier to REBEAT, is the proprietor of all copies of the titles licensed by REBEAT and provided by REBEAT via the website.
2.3.3. The licensed titles may only be used in accordance with the provisions of these T&Cs. The scope of the rights of use is conclusively stated in these T&Cs and depends on the relevant licence model purchased.
3. Technical requirements for using the website services
In order to use the website services, the following technical requirements must be met:
3.1. Internet connection
The user requires a stable Internet connection. The user is responsible for ensuring sufficient, constant data transmission. The costs of the data connection are to be borne by the user.
3.2. System requirements/devices
The user is responsible for ensuring that the devices they are using meet the system requirements. Devices that currently meet the system requirements must also have a web browser of the following generation (or above):
- Google Chrome 42 or newer;
- Mozilla Firefox 38 or newer;
- Apple Safari 10 or newer;
- Microsoft Internet Explorer 11 or newer;
- Microsoft Edge 12 or newer.
4. Setting up a user account
4.1. In order to use the free-of-charge services referred to under Section 2.2 and in order to purchase fee-paying licences, a user account must be set up on the website (‘registration’).
4.2. A user account can be set up free of charge.
4.3. A user account is set up by registering using the form available on the website for this purpose.
4.4. In order to be able to set up a user account, the user must:
(i) provide complete and correct data as requested in the form;
(ii) accept these T&Cs.
4.5. By completing the registration process, the user assures REBEAT that the personal data provided to REBEAT is complete, truthful and correct in every regard.
4.6. REBEAT will not change the username and/or password of a user without consulting them.
4.7. A user account has been successfully set up when the user receives confirmation of registration by email. These T&Cs are attached to the registration confirmation.
5. Purchase of licences to titles, scope of rights and citation
5.1. Conclusion of the licence agreement
5.1.1. The presentation of the titles on the website does not constitute a legally binding offer by REBEAT.
5.1.2. Only once the fully completed order form has been submitted does the user make a binding offer to purchase the licence for the selected titles.
5.1.3. The licence agreement between the user and REBEAT shall be concluded by means of the user submitting an offer and this offer being accepted by REBEAT in the form of a separate acceptance declaration via email (‘confirmation email’).
In the confirmation email, REBEAT provides the user with these T&Cs as well as an invoice and a link that can be clicked on in order to download the music for which they have purchased a licence.
5.1.4. REBEAT reserves the right to reject the offer of the user without providing justification. In this case, a notification of rejection will be sent by email to the user within seven (7) days from receipt of the order, using the email address provided by the user during the ordering process.
5.1.5. Payment can be made by credit card (VISA or Euro Mastercard) or PayPal, in both cases via a payment service provider (mpay24). By clicking on the ‘Confirm order’ button, the user also sends a payment order to the payment service provider.
5.1.6. Payment of the licence fee shall be due immediately upon conclusion of the agreement. In the case of credit card payments, REBEAT shall debit the amount stated in the agreement.
5.2. Scope of standard licence
5.2.1. The standard licence covers the non-exclusive, non-transferable right, not limited by time or location, to the following use of the recordings licensed by REBEAT:
- synchronisation of the recordings with the video indicated by the user during the ordering process;
- use and exploitation of the video synchronized with the licensed title for the purposes set out under Section 5.2.2.
5.2.2. The user is entitled to use the video synchronised with the licensed music title on their personal websites as well as on streaming, video-on-demand or social media platforms, e.g. YouTube, Facebook, Vimeo, Snapchat, Instagram.
5.2.3. This expressly excludes monetisation on YouTube and similar services. Advertisements may appear during the user’s YouTube video. The right to monetisation (e.g. by incorporating advertisements via the YouTube AdSense service) remains in full with REBEAT and its licence supplier, Red Bull Media House.
5.3. Scope of extended licence
5.3.1. The extended licence covers the non-exclusive, non-transferable right, not limited by time or location, to the following use of the recordings licensed by REBEAT:
- synchronisation of the recordings with the video indicated by the user during the ordering process;
- use and exploitation of the video synchronized with the licensed title for the purposes set out under Section 5.3.2.
5.3.2. The user is entitled to use the video synchronised with the licensed music title on their personal websites as well as on streaming, video-on-demand or social media platforms, e.g. YouTube, Facebook, Vimeo, Snapchat, Instagram.
The user has the right to monetise the video on YouTube and similar services. In order to do so, the user may be required to enter the RadKey Code provided by REBEAT in the corresponding YouTube metadata field.
5.4. Common provisions for both licence models
5.4.1. The user is subject to an obligation to display the following copyright notice in, or in connection with the video:
Album/Artist – ‘Song title’ – Composer(s)
With kind permission of Red Bull Sound Supply – http://www.redbullsoundsupply.com/
5.4.2. The user is expressly prohibited from using the licensed title or the video and the licensed music title it contains for:
- any content produced by or in connection with a company or brand;
- any commercial purposes, for example advertising or presenting information in connection with commercial activities, services or products;
- any media other than the video-on-demand and online streaming platforms listed under Section 5.2 and Section 5.3 (e.g. audio and video recording media, cinemas, at film festivals, for downloads).
According to these T&Cs, a licence does not include the right to use the licensed titles in audio-visual media or for purposes other than those referred to in these T&Cs, regardless of whether these already exist or are developed in the future. Any further use of the recordings is expressly prohibited.
5.4.3. The user is also expressly prohibited from:
- assigning, transferring or sublicensing rights to third parties in accordance with Section 6.5;
- changing, sampling or remixing the licensed titles or using the licensed recordings by combining them with content of any other kind or by using other media;
- selling or monetising the licensed titles or the video they have been synchronised with, except in the case of users with extended licences as set out under Section 5.3 of these T&Cs, who may do so via YouTube and similar video-on-demand platforms.
5.4.4. The right to public performance, mechanical reproduction and distribution, and broadcasting of the titles as well as the right to make them publicly available do not form part of the licence agreement.
It is the sole responsibility of the user to determine whether the streaming, video-on-demand or social media platforms they use are responsible for the clearance of these rights, or whether this remains the obligation of the user. In the event of non-clearance of the required rights, the user shall be fully liable towards REBEAT for any resulting damages.
5.4.5. The titles licensed by REBEAT may be blocked on the YouTube channel in certain countries, especially those in which there is not yet a contractual agreement between YouTube and national copyright collectives. In such an event, it may not be possible to view the affected videos there. This shall also apply in cases where the title in question is embedded in the video. These circumstances fall outside the sphere of influence of REBEAT.
You can obtain more information directly from YouTube at https://support.google.com/youtube/answer/1342206?hl=en
6. Rights and obligations of the user
6.1. Unless these T&Cs expressly provide otherwise, or REBEAT has not expressly confirmed otherwise in writing, the user is prohibited, with the exception of the use of the titles licensed by the user within the scope of the licence in accordance with Section 5 of these T&Cs, from:
(i) copying, reproducing, re-publishing, publicly displaying, translating, offering, transferring or uploading the website, parts of the website or its services, or disseminating these on other computers, servers, websites or media (including ‘mirroring’) for the purpose of publication or dissemination;
(ii) using the content or services for commercial purposes; in particular the user may not sell or unduly transfer their access rights to the website, services or titles;
(iii) modifying, changing or adapting the services in full or in part; in particular the user may not modify, decompile, reverse engineer or dismantle into its components the software on the website, including access software, nor may they create derivative versions or software on the basis of this software;
(iv) using the website or services for advertising or presenting information in connection with commercial activities, services or products.
6.2. The user may not disrupt, block, impair or attempt to impair the website or part of the website (including the security functions of the website or of transactions made via the website).
6.3. The user is prohibited from reproducing or circumventing the navigation structure of the website, or attempting to do so, in order to make use of the content or services in a manner other than that intended in the context of the website.
6.4. The user may not use the website, services or titles for:
- illegal purposes;
- disseminating, linking, publishing or presenting illegal material (this includes in particular, but not exclusively, pirated software, or material that may be regarded as obscene, threatening, malicious, misleading, abusive, offensive, defamatory, intimidating or discriminatory on grounds of religion, gender, sexual orientation, race, ethnic background, age or disability);
- disseminating, linking, publishing or presenting materials that infringe the rights, in particular the intellectual property rights, of REBEAT, Red Bull Media House or third parties, promote or enable criminal offences, or contain viruses, Trojans or other malicious codes or scripts.
6.5. The user is not permitted to transfer or assign these T&Cs or any rights and licences granted in accordance with these T&Cs without the express prior written consent of REBEAT. Should the user transfer or assign rights, obligations or duties with the consent of REBEAT, they shall agree to and ensure that:
(i) the assignment of the rights and obligations set out in these terms and conditions does not conflict with or contradict these terms and conditions;
(ii) all obligations and duties towards REBEAT are duly transferred to the assignee and are met by the latter in full.
Assignment does not relieve the user from their obligations and duties towards REBEAT under these terms and conditions.
6.6. The user shall ensure that their username and password are secure at all times, and shall not transfer them to third parties. The user has an obligation to immediately inform REBEAT of any unauthorised use of their user account.
6.7. The user is prohibited from allowing third parties to make use of their user account.
6.8. The user has an obligation to ensure that they are the holder of all rights to the videos that are to be synchronised with the licensed titles.
7. Rights to the services and content of the website
7.1. In addition to the rights to the titles themselves, all services and other content on the website, i.e. all text, logos, brand logos, graphics, artwork, audio files and software (including access software) are subject to protection in terms of copyright, moral rights, registered designs, patents, trademarks and distinctive marks, design rights, transmission rights, database rights, trade secrets, data protection and confidentiality rights and any other rights (‘protection rights’).
7.2. Red Bull Media House is either the rights holder or licensee of all protection rights applicable to the website and its content or services. Red Bull Media House has granted REBEAT licences and sublicences without the right to sublicence other services and content. All rights, except in the case of licensing and sublicensing to REBEAT, remain with Red Bull Media House.
7.3. Even where trademarks, names and logos are not expressly designated as legally protected or registered, Red Bull Media House retains the protection rights applicable to these trademarks, names and logos.
7.4. Without the prior written approval of Red Bull Media House, the user may not reproduce, copy, broadcast, record, transfer or edit content, material or parts thereof nor publish the latter online or elsewhere, nor may the user infringe or attempt to infringe the protection rights of Red Bull Media House or protection rights licensed to Red Bull Media House or held by a third party.
8. Amendment of the T&Cs by mutual agreement
8.1. If REBEAT wishes to make changes to one or several of the provisions of these T&Cs which will affect the user, REBEAT will send the user a request for mutual amendment of the agreement.
8.2. At least one (1) month before the planned amendment is to take effect, REBEAT will send this request to the user by email, using the last email address provided by the user.
8.3. The request made by REBEAT will be deemed accepted if the user does not object to the planned amendment of the T&Cs by the time of entry into force by sending an email to firstname.lastname@example.org. Should the user object, the T&Cs in their previously applicable version shall remain in force.
8.4. The amendment request sent to the user by REBEAT will include:
- all planned amendments;
- the date on which the planned amendments are to take effect;
- a notice stating that the amendment will be deemed accepted if the user does not object to the planned amendment of the T&Cs by the day of entry into force by sending an email to email@example.com, and that should they object to the planned amendment of the T&Cs, the T&Cs in their previously applicable version shall remain in force;
- a full text version of the T&Cs that will apply after the planned amendments take effect.
9. Termination of the agreement by the user
9.1. Users who have purchased one or several licences in accordance with Section 2.3 of these T&Cs may terminate these licence agreements in writing at any time by emailing firstname.lastname@example.org. The termination email from the user must indicate which licensed title for which video they wish to terminate.
9.2. The user may also delete their user account at any time by emailing email@example.com. The deletion email from the user must contain their username. If the user has also purchased one or several licences in accordance with Section 5 of these T&Cs, deletion of their user account shall also entail the termination of all licences purchased via this account in accordance with these T&Cs.
9.3. REBEAT will inform the user in writing that the deletion of their account has been confirmed, and will refer in this confirmation to Section 9.5 of these T&Cs.
9.4. If the user has requested the deletion of their user account, REBEAT will delete the account within fourteen (14) days.
9.5. Within fourteen (14) days of successful termination, the user has an obligation to permanently remove videos synchronised with the terminated licensed titles from their personal websites and from streaming, video-on-demand or social media platforms (e.g. YouTube, Facebook, Vimeo, Snapchat, Instagram).
If the user has deleted their entire user account, this removal obligation shall cover all videos synchronised with licensed titles.
10. Termination of the agreement by REBEAT
10.1. Ordinary termination by REBEAT
10.1.1. If REBEAT will no longer be providing the licensed titles on the website for whatever reason, REBEAT reserves the right to terminate licences in accordance with Section 2.3 of these T&Cs at any time, with a notice period of two weeks, by sending an email to the address last provided by the user.
10.1.2. Within four (4) weeks of receipt of the notice of termination, the user has an obligation to permanently remove videos synchronised with the licensed titles from their personal websites and from streaming, video-on-demand or social media platforms (e.g. YouTube, Facebook, Vimeo, Snapchat, Instagram).
REBEAT will recall this obligation to the user in the notice of termination.
10.1.3. If REBEAT ceases its operations with regard to the website, REBEAT is also entitled to terminate the user account of the user at any time, with a notice period of two weeks, by sending an email to the address last provided by the user. Termination of the user account by REBEAT shall not automatically entail termination of the licences in accordance with Section 5 of these T&Cs; licences must be terminated separately in accordance with Section 10.1.1 of these T&Cs.
10.2. Exceptional termination by REBEAT
10.2.1. In the event that the user is in breach of Section 5 of these T&Cs, REBEAT is entitled to perform exceptional termination of the licence by emailing the user at the address they last provided.
10.2.2. However, if the user has purchased several licences in accordance with Section 5 of these T&Cs, REBEAT is only entitled to exceptional termination of the licence or licences infringed by the user within the meaning of Section 5 of these T&Cs.
10.2.3. In the event that the user is (also) in breach of other provisions of these T&Cs, REBEAT is entitled to perform exceptional termination of their user account by emailing the user at the address they last provided. If the user has also purchased one or several licences in accordance with Section 2.3 of these T&Cs, exceptional termination of their user account by REBEAT shall also entail the termination of all licences purchased via this account in accordance with these T&Cs.
10.2.4. Immediately after receiving notice of exceptional cancellation, but within three (3) days at most, the user has an obligation to permanently remove videos synchronised with the terminated licensed titles from their personal websites and from streaming, video-on-demand or social media platforms (e.g. YouTube, Facebook, Vimeo, Snapchat, Instagram).
If the exceptional termination entails deletion of the entire user account by REBEAT, this removal obligation shall cover all videos synchronised with licensed titles.
REBEAT cannot be held liable for damage or losses caused by delays in or interruptions of access to the services provided as a result of external server failures or technical faults outside the sphere of influence or responsibility of REBEAT.
12. Changes to user data
12.1. The user has an obligation to inform REBEAT of any changes to their name, address or email address.
12.2. If the user does not inform REBEAT of such changes, messages of legal importance sent to them by REBEAT shall be considered as received for legal purposes if they were sent to the email address last provided by the user.
13. Applicable law
Austrian law shall apply to all contractual relationships with REBEAT, the conclusion of contracts, their performance and any derived rights, with the exception of the reference provisions on conflicts of law and the provisions of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980.
14. Severability clause
14.1. Should one of the aforementioned provisions become invalid or unenforceable, this shall not affect the validity of the remaining provisions or the agreement underlying them.