Conditions of Use
The access and use by you of www.smipm.com (“the Website”) and the services of the SMI Production Music online music search and download facility provided by the Website and the website of the production libraries whose libraries are available as part of the SMI Production Music online music search and download facility (“the Services”) is subject to these Terms and Conditions. By using the Website and/or the Services you are deemed to have agreed to all the terms, conditions and disclaimers contained in this notice and you will not use the Website and/or the Services in any way that contravenes these Terms and Conditions. If you do not agree to these Terms and Conditions in full then you are not permitted to access or otherwise use the Website and/or the Services.
Modifications to Website and Services
SMI Production Music reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website and/or the Services following any such changes shall be treated as acceptance by you of such changes. An indication that changes have been made to these Terms and Conditions will be identifiable by a change in the date at the top of this page. SMI Production Music reserves the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Website and/or the Services including without limitation the content.
The Website provide access to production music for professionals working in film, television, radio, advertising and new media including listening to music tracks to appraise their suitability for use in a production and downloading the sound recording for the purpose of using it in a production subject to securing all necessary licences for such use.
User ID Password and Security
The ability to access all the facilities provided by the Website is dependent upon you being accepted as a registered user of the Website. To complete the registration process you will need to provide certain information and register a username and password for use with the Website. You are responsible for maintaining the confidentiality of your username and password and also for all activities which take place when your username and password are used to log in to the Website. You agree to notify us immediately when you become aware of any unauthorized use of your username and password or any other breach of security. In no event will SMI Production Music be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
You agree that you will only use the Website and the Services in accordance with the purpose prescribed by SMI Production Music and you warrant that you will not use the Website and/or the Services in any way which infringes the copyright, trademark, patent or other proprietary right of any party.
SMI Production Music shall have the right to terminate your access as a registered user of the Website and the Services without notice at any time, for any reason, including without limitation the breach by you of any of these Terms and Conditions. You agree that SMI Production Music shall not be liable to you or any third party for any termination of your access to the Website or the Services including the suspension or discontinuance of the Website and/or the Services.
Links to Third Party Website
The Website do include links to Websites that are controlled by third parties. You acknowledge and agree that SMI Production Music is not responsible for the content and availability of any such Website. It is your responsibility to comply with the terms and conditions of such Websites in relation to your access to such Websites.
Intellectual Property Rights
All copyright and other intellectual property rights in all text, images, artwork, sound recordings, musical compositions, software and other content on the Website are owned by SMI Production Music or are included with the permission of the relevant owner. You may only use the Website and the Services for the purposes of searching for and downloading music for use in professionally created audio visual productions. Images, trademarks and brands displayed on the Website are protected by copyright, trademark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner. All uses of music downloaded from the Website and/or the Services must be licensed through the relevant music publisher or its appointed agent. All rights of the owners of the sound recordings, musical compositions and performers in respect of the content on the Website and the Services are reserved. Unauthorized public performance, broadcast, communication to the public, copying and distribution is prohibited. The recordings which may be accessed from the Website and the Services are specifically produced for film, television, radio, advertising and new media under industry agreements. Their use is subject at all times to obtaining an appropriate licence from the copyright owner or its relevant agent prior to any exploitation or use of the relevant production or recording. Furthermore, public performance, broadcast and all other communication to the public of the production or recording may only be made pursuant to a separate licence from the relevant performing right society.
You agree to indemnify SMI Production Music from and against all costs, claims, demands, proceedings and damages including its own reasonable legal costs which are incurred by it howsoever arising in respect of any breach by you of these Terms and Conditions and from and against any claim or demand brought against SMI Production Music by any third party arising out of your use of the Website and/or the Services.
Disclaimers and Limitation of Liability
To the extent permitted by law SMI Production Music will not be responsible or liable for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by you arising out of or in connection with the use of the Website and/or the Services. Use by you of the Website and the Services is at your own risk. The Website and the Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind whether express or implied including but not limited to any warranty as to content and accuracy of information, usefulness, title, non-infringement, fitness for a particular purpose or that the Website and the Services will meet your requirements. Further, no warranty is given by SMI Production Music that the functionality of the Website and the Services will be uninterrupted or error free, that defects will be corrected or that the Website and the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive. If you are dissatisfied with the Website or the Services your sole remedy is to cease using them. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of SMI Production Music for death or personal injury as a result of the negligence of SMI Production Music.
These Terms and Conditions shall be construed in accordance with Belgian law and you hereby submit to the exclusive jurisdiction of the courts of Belgium.