The website is the property of SEMANTIC AUDIO LABS LIMITED (‘we’, ‘us’) a company registered in England & Wales under company number 11702989 having its registered office at 130 Shaftesbury Avenue, 2nd Floor, London, United Kingdom, W1D 5EU.
You agree and accept that, if you send any message or information of any description to us by means of the website, then we cannot guarantee that the message or information will be secure or invulnerable to interception by third parties and that we shall have no liability arising from the actions or interventions of any such third party.
We refer to each person who creates an account with us as a ‘Creator’.
Everything that is accessible on our website (‘Content’) is intellectual property that is owned by someone. It may belong to us or it may belong to another party. Content consists of:
You may not use the website or any Content:
You may not use any automated device, program, or algorithm to access, monitor, copy or acquire any portion of the website or any of its Content.
You may not reproduce the structure or presentation of the website in order to obtain or attempt to obtain any Content.
You may not attempt to gain access to any Content or to the host computer by hacking or any other illegitimate means and you may not seek to do anything which may cause the website to operate less effectively than we intend it to and will not use any device or software with intent to affect the proper working of the website or any transaction being conducted on the website by any other person.
We do not promise that our website will function without errors or without interruption and we shall not be liable to you for any such events.
Save where such representations or warranties are implied by operation of law, no representations or warranties of any kind are given in respect of our website or the Content, whether the Content includes any opinions or commentary.
Information or data in any form provided by us through the website is used entirely at the user’s own risk.
Our website may, from time to time, include links to other websites and services provided by third parties. Links from the website are also accessed at the user’s risk and we do not make or give any warranties or representations regarding any such websites or services and are not responsible for or liable in relation to the content or use of such websites or services.
We shall not be liable to you for any indirect, consequential or special damages, including for lost profits, loss of chance or opportunity whether we had been notified of the possibility of such damages.
This clause shall apply to any loss or damages, including any associated legal costs, penalties, consequential losses and interest that may be caused by:
If, we are adjudged to be liable to you for any damage or loss which arose out of or is in any way connected with your use of the website or any Content, our liability shall be limited to an amount equal to the total amount of any subscription or charges that you have paid to us under any contract made by means of the website.
Your use of the website constitutes an agreement that that all matters relating to your access to and use of the website, including all disputes, will be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
When you create an account, we will first ask you to accept further terms applicable to account holders and their use of services through the Faders website, whether those services are paid for or not. Those further terms are set out from in clause 8 onwards.
In the process of creating an account, you should truthfully identify the person or entity (if a business) whose account is being created and only use that person’s details. You will need to create a password in order to access the account. It shall be your responsibility to keep the details of the account confidential and the password secure from misuse by any unauthorised person.
You should only apply to register an account if you have reached the age of maturity in the jurisdiction in which you reside when making the application for an account.
When you have successfully created an account you will become a ‘Creator’.
If you want to subscribe for any Premium Services, the cost and methods of payment will be clearly displayed on the relevant pages of the Faders website.
Any and all activity that occurs on the Faders website by use of an account shall be the responsibility of that account holder. If there has been a breach of any aspect of your account’s security, you should contact us as soon as possible by email (email@example.com).
Each account may only be used by (or on behalf of) the Creator. You may not use anyone else’s account or password without that person’s express consent. We shall not be liable to you or any other person for any breach of these provisions or for any loss or damage incurred by any person by reason of your use of another person’s account.
Creators should use Faders in a responsible fashion and show respect for other Creators or visitors to Faders. We have developed Standards of Behaviour which are strictly enforced and Creators who we reasonably believe to be in breach of our rules as to conduct may have their account suspended or terminated at our discretion.
Faders provides Creators with the ability to create and edit audio content. It provides tools for that purpose, including facilities to allow collaboration between Creators. We do not sanction or condone the breach of any copyright in any musical or other copyright works by your use of the Faders website. For this reason, if you post or upload any Content to Faders and / or choose to use any of our tools to create or edit any Content, you are warranting to us that you have all the necessary permissions to do so.
Our provisions regarding the conduct of all Creators applies to all Content that you may upload or post to Faders and any Content including communications sent between parties by use of the Faders website.
You may not publish by posting or uploading to Faders any Content of any nature which:
As regards Faders website and the application on it, you may not:
No impersonation of other Creators is permitted. Nor is impersonation of public or imaginary figures. A Creator may choose an appropriate username as long as that person’s real name is provided in the registration process (which will not be publicly visible).
No third party copyright Content should be posted unless you have first obtained the copyright owner’s permission in writing for it to be posted or uploaded to Faders.
We reserve the right to remove any Content from Faders at our discretion, whether that Content was in breach of our code of conduct or not. Removal will be done without notice to the Creator who posted the Content and we shall not be obliged to inform that person why the Content has been removed.
We reserve the right to pass information identifying any Creator who has been responsible for posting any Content in breach of our code of conduct if we have been required to do so under any order of a Court, or following a demand made by any governmental body having the authority to require the disclosure of such data under any enactment or regulation, or following a bona fide threat of legal action from a solicitor’s firm and all Creators agree to permit us to provide any such information in these circumstances.
To report violations of these provisions regarding conduct or to obtain further information contact Semantic Audio Limited by emailing firstname.lastname@example.org.
We may revise the provisions regarding conduct at any time and you should review them from time to time as they are all legally binding. Some of the provisions may also be superseded by provisions or notices published on the Faders website.
We strongly advise you to make regular back-up copies of any Content that you choose to upload to the website.
This licence does not give you any right to, and you may not, unlawfully:
At this time, we don't yet offer the option to upgrade your account and all accounts are free.
If you choose to buy a Premium Service, then these payment terms apply to your purchase.
Where there is a charge associated with a Premium Service, you agree to pay that charge and represent and warrant to us that you are authorised to use that payment method. The price stated for the Services includes VAT where that is chargeable, unless stated otherwise. You are solely responsible for paying any other taxes which may be applicable by reason of your location.
If payment is not made or the method of payment declined, then we have no obligation to allow you to use the Premium Services.
To pay for a Premium Service, you will need to provide a payment method. When subscribing for a Premium Service, the required information will be evident from the Faders website where payment is required.
Payments, where required, are to be made in advance.
Charges for Premium Services may be single payments for a specific service or services or recurring payments for access to a service over a period agreed through the website.
We will notify you in advance of any change in the amount to be charged for recurring Premium Services and provide you with the opportunity to cancel those Services before the price changes.
If there is a fixed term and price for your Premium Service offer, that price will remain in force for the term. You will need to agree to any new offer and price if you want to continue to access the Premium Services after the expiry of the fixed term.
If you take a Premium Service and pay on a periodic basis (for example, monthly), where there is no agreed duration, we may change the price. We will publish on the website price change information at least 30 days before the price change becomes effective.
PLEASE NOTE: This clause does not apply to any business user of Faders. A ‘business user’ for this purpose will be a person:
If you are a Creator who has created an account with us as a ‘consumer’ (not being a business user) you will be entitled to cancel your purchase of the Premium Service for a period of fourteen (14) days from the date of the purchase. You can cancel the purchase for any reason or simply if you have changed your mind.
Information and instructions on how to cancel a purchase of a Premium Service and request a refund is given on our website. We have provided an electronic form for your use which can be found at the end of the document.
Please note that we are prohibited from allowing you to use any paid for services until the expiry of the cancellation period (which is 14 days from the date we agreed to provide the Premium Service) unless you have clearly and explicitly requested use if it during that period.
If you want to use the Premium Service prior to the expiry of the cancellation period, you will need to send us a clear statement to that effect in a form which can be reproduced that you wish to use it within that period. We have prepared one for you to use which will be emailed to us and you can find it at the end of this document.
If you do choose to use the Premium Service in the cancellation period then cancel it during the period, we will provide a refund of your payment subject to a pro-rata reduction for the amount of use of the Premium Service prior to your cancellation.
Refunds will be made through the same method as payment was initially made and will be made within 14 days from the date of your cancellation.
Faders allows you to store or upload your own Content or to receive Content from other Creators, particularly when you are using our collaboration facilities.
Whenever you upload any recording or other Content of any nature to Faders it will come into our possession. By uploading any such Content, you are granting to us a non-exclusive, irrevocable licence permitting us to store that Content and to use it subject to the provisions below. Whilst in our possession your content will not be listened to, reproduced or distributed, and all research will be based on abstract anonymised features and metadata.
Title to the intellectual property in any Content will remain with the person or company creating that Content when it is uploaded to the website. Any work which is the result of collaboration between Creators through the website will be owned jointly by them or as they may privately agree, subject to our rights outlined above.
Please note that when you upload your Content to Faders, you will grant us a non-exclusive, non-transferable, revocable royalty-free licence to use that Content for the purposes of:
Save as may arise directly or indirectly as a consequence of the permissions under a. and b. above, we will not seek to exploit your Content directly for our commercial gain.
To revoke this licence to us you must contact us by email to email@example.com and make clear that you wish to revoke a licence.
If you choose to share your Content with other Creators through our website (by using our collaboration tools), then unless you and those other Creators have explicitly agreed otherwise (which will be a private agreement between you made through our website or through other means) you expressly agree that anyone you’ve shared your Content with will have an unrestricted irrevocable worldwide licence to use it worldwide, and that they may save, record, reproduce, broadcast, transmit, share, display and communicate that Content.
If you do not want your Content or any part of it that you have shared with another Creator to be used the above described manner and you have not made an agreement with that Creator, then do not share that content with that Creator.
You may terminate an agreement with us immediately by deleting your account using the Settings page in your Faders account. This could mean that you will be unable to download any of your Content so you should ensure that your Content is backed up before you cancel.
Circumstances beyond our reasonable control include (but are not limited to) civil commotion, war and terrorist action, state action, industrial action whether lawful or otherwise, general non-availability of the internet, loss of hosting facilities due to any factor beyond our control, unavoidable accident, fire, flood, earthquake, subsidence, epidemic and other natural or physical disasters.
In respect of your Content you warrant to us that for the duration of any agreement you have made with us, you have (and will have) all the rights necessary for the Content that you choose to upload, store or share on or through the website and that the use and retention of your Content will not be an infringement of the rights of any other party.
We will not be liable for any use of your Content by any party.
We shall not be liable to you in respect of any use made by you of any Content uploaded by any third party to the website and which you may have downloaded and used for any purpose.
Any disputes arising under it shall be subject to the exclusive jurisdiction of the Courts of England & Wales.
The owner of the Faders website is: Semantic Audio Labs Ltd Registered Office: 2nd Floor, 130 Shaftesbury Avenue, London, W1D 5EU Registered in England & Wales under Company Number 11799662 VAT Number GB311595712. Contact Details: firstname.lastname@example.org