Terms of service

Welcome to Quantone Limited, and thank you for your interest in using our web services. Below you will find Quantone’s Terms and Conditions of Service, which describe the way that you are permitted to access and use Quantone Data (see “Key Definitions”, below), stating your legal rights and obligations. Please read them carefully before using Quantone’s web services. If you have any questions regarding these Terms of Service, please contact us at sales@quantonemusic.com and/or obtain independent legal advice.

1. General considerations

1.1. By accessing the Quantone Service, you agree to accept and abide by the terms set out in this agreement (the “Agreement”).

1.2. Quantone reserves its right to amend this Agreement or any other document referenced in this Agreement at any time in its sole discretion by posting new or updated Terms of Service and/or the Privacy Policy on the Quantone site. Any such updated terms shall supersede and replace the terms of this Agreement. By continuing to use Quantone Data, you will be deemed to have accepted the updated terms. If you do not agree to be bound by this agreement, do not use Quantone’s web services.

1.3. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.

1.4. This Agreement shall be governed by and interpreted in accordance with the laws of England & Wales, and shall be subject to the jurisdiction of the courts of England & Wales.

2. Key definitions

2.1 Quantone Service – the application programming interface that supports requests for web services and enables the development of computer programs

2.2 Data storage – any database, spreadsheet, chart, physical document, server, network, or other means of storing information, whether created or distributed by You or otherwise.

2.3 Quantone Data – any data, images, text, content or other information or materials made available to You by Quantone through the API

2.4 Quantone Site – Quantone’s website (www.quantonemusic.com) and all related properties

2.5 Term – the duration of the Agreement which will start on the date that Quantone provides you with an application key, and will continue until terminated in accordance with Clause 9.

2.6 User(s) – a user of the Quantone Site and/or services.

2.7 Marks: certain trademarks, logos or graphics provided to Quantone customers for use in conjunction with their service.

3. License to use the Quantone data

3.1. The Quantone Data and Quantone Service, other “Quantone”-branded software and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, are licensed (not sold) to you by Quantone Limited.

3.2. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sub-licensable, non-assignable, license to use the Quantone Service.

3.3. You must not sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to the Quantone Service to any third party.

3.4. This license does not grant to you any right to any version enhancement, update, or guarantee the continuous availability of the Quantone Services. Quantone may revise, modify or cease to provide, require you to immediately cease using the Quantone Services, or its functionality or any part thereof, which may result in loss of compatibility or denial of access to the functionality of the Quantone Service and commercial activities related thereto, from time to time without notice.

4. Conditions and Limitations of Use

4.1. Your access to and use of the Quantone Service and the Quantone Data is subject to the terms of this Agreement, the Terms of Service as posted on the Quantone Site and updated from time to time and the Quantone Privacy Policy as posted on the Quantone Site and updated from time to time, each of which is incorporated into this Agreement by reference.

4.2. You warrant and represent to Quantone that You are over 18 years of age and have the authority to enter into this Agreement on Your own behalf or on behalf of any company or other legal entity by which You are employed and that wishes to use the Quantone Service and the Quantone Data.

4.3. You must at all times in Your use of the Quantone Service and Quantone Data: (i) comply with all local and international laws and regulations, including all applicable intellectual property and data protection laws; and (ii) obtain all necessary licences and permissions.

4.4. In order to use the Quantone Service you must first register by submitting an Quantone Service Request Form. You agree to provide complete, truthful and accurate information in connection with such registration. Quantone reserves the right, at its sole discretion, to reject your registration.

4.5. The Service key you receive is for you alone. Under no circumstances are you to share that key with anyone else.

4.6. In case of a new application, you may need to apply for an additional application key. If in doubt, get in touch with Quantone to ask.

4.7. You may only use Quantone services in conjunction with the most recent user authentication key provided to You by Quantone. You must not gather any other data from Quantone in any other way.

4.8. You are permitted to use the Quantone Data for commercial and non­commercial purposes subject always to any limitations or conditions as advised to You by Quantone in this Agreement and updated from time to time. Additional or different terms, conditions, and notices may apply to specific materials, products and services offered by Quantone, depending on the nature and purpose of Your service, application or product. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use.

4.9. You must credit Quantone and/or display the Quantone logo (available for download here: xxxxxxxxxxx) when You use the Quantone Service and Quantone Data for the works, services, applications or products published, distributed or otherwise communicated or made available to the public by You;

4.10. Quantone may limit the number of calls that You may make via the Service, the volume of Quantone Data that may be accessed, or anything else about the service, in its sole discretion, and without notice. Quantone may, from time to time, prevent certain Quantone data from being available via the Service.

4.11. Quantone may utilize technical measures to prevent over-usage or stop usage of the Service after any usage limitations are exceeded.

4.12. Quantone may use technical measures to track Your use of the Quantone Data for the purpose of ensuring compliance with this Agreement.

4.13. Quantone has no obligation to provide Users of our free service with support, software upgrades, enhancements or modifications to the Service. However, whether using our free or paid plans, You have access to a knowledge base, Quantone Service documentation, sample code, support forums, access to sample programs that we encourage You to use before contacting us. If none of those answer your questions, we may provide discretionary individual support. Users of our paid service will have levels of support depending on their plan.

4.14. You agree to the following Restrictions of Use:

4.14.1. You must not aggregate the Quantone Data to create databases or compilations of data.

4.14.2. You are not allowed to copy or store the Quantone Data. However, for performance purposes, You are allowed to implement suitable caching of the Quantone Data received through the Quantone Service for up to 24 hours.

4.14.3. You are not allowed to use, for either commercial or non-commercial purposes, the artist biographies made available through the Quantone Service without Quantone’s prior written consent (see also article 5).

4.14.4. You must not undertake, cause, permit or authorize the modification, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Service or any part or features thereof.

4.14.5. You must not reverse engineer, disassemble, decompile, translate, localize, reconstruct, transform the Quantone Database.

4.14.6. You must not implement any mechanisms or methods to decrypt the Quantone Database or in any other way avoid or penetrate any security or confidentiality measures established to avoid open access to the Quantone Database or any part thereof.

4.14.7. You must not use the Quantone Data in any way that is libellous or defamatory of third parties, or is obscene, malicious or discriminatory in any way, including but not limited to race, disability, sex, sexual orientation or religion;

4.14.8. You must not use the Quantone Data in any way or on any website that is associated or promotes, encourages, facilitates or condones the illegal or unauthorised use or sharing of audio and/or audiovisual content;

4.14.9. You must not under any circumstances use the Quantone Service and the Quantone Data for the purpose of, or in conjunction with, the unauthorised exploitation of intellectual property or for any other purpose which encourages, supports or is in any way associated with unauthorised exploitation or purposes. Quantone respects copyright and any other kind of contractual rights.

4.14.10. You must not subject the Quantone Data to any derogatory treatment, including (but not limited to) distortion or mutilation of the Quantone Data or treatment that is prejudicial (in Quantone’s opinion) to the reputation of Quantone.

4.14.11. You must not interfere or attempt to interfere with the operation or running of the Quantone Site and Quantone Service with any virus, worm, Trojan horse, adware, spyware or any other form of malicious code or software.

5. Intellectual property

The Quantone Database is protected by copyright for the selection and/or arrangement of its contents under the terms of the Copyright, Designs and Patents Act 1988. However, Quantone does not hold the copyright for the information in the database, with the exception of the artist biography component, for which Quantone is and will remain the sole and exclusive copyright proprietor.

6. Warranty disclaimer

6.1. The Quantone Service and the use of the Quantone Service are provided on an ‘as is’ basis. Quantone, to the fullest extent permitted by law, disclaims all warranties express or implied, statutory or otherwise, including, but not limited to warranties of merchantability, satisfactory quality, title, and fitness for particular purpose. Quantone further makes no warranties about the accuracy, reliability, completeness, condition or timeliness of the Quantone Service and Quantone Data. However, we are willing to investigate any inaccuracies or errors in the Data. Should You detect such issues, please let us know by sending an email to support@quantonemusic.com.

6.2. If You are in doubt about the right to display the data in your region we advise You to seek local legal advice.

6.3. Quantone does not warrant that Your use of the Quantone Service will be uninterrupted, secure, or error free.

7. Identity

7.1. You agree to defend, indemnify, and hold harmless Quantone (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with Your access, retrieval and/or use of the Quantone Service or any intellectual property You develop that is based or may otherwise arise out of Your use of, reliance on, or reference to the Quantone Site or Quantone Service and Quantone Data. Quantone shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist You, at Your expense, in defending any such claim, suit or proceeding.

8. Limitation of liability

8.1. To the extent permitted by applicable law, Quantone shall not be liable to You for any losses of any kind arising under or in relation to Your use of the Quantone Service or Quantone Data, including but not limited to (i) any loss of profits, business, contracts, anticipated savings, goodwill, or revenue; or (ii) any loss or corruption of data; or (iii) consequential loss or damage whatsoever, whether or not such losses or damages arise directly or indirectly and even if either party was aware of the possibility of such loss or damage.

9. Use of Quantone trade marks

9.1. Subject to the prior written approval of Quantone in each case, Quantone may make available to You certain trademarks, logos or graphics (“Marks”) for use in conjunction with Your use of the Quantone Data. You must comply with the Quantone Brand Guidelines that can be downloaded from http://www.quantonemusic.com/resources/. Your use of the Marks in accordance with this Agreement is conditional upon You not using any of the Marks: (i) to represent that Quantone endorses, sponsors or is connected to Your use of the Quantone Data, other than to inform third parties that the Quantone Data originated from Quantone; or (ii) in any way that is derogatory to or critical of Quantone or any officer, director, agent, employee, affiliate, parent or subsidiary of Quantone.

9.2. Quantone is the worldwide owner of the Marks (whether registered or unregistered) and retains all right, title and interest in and to the Marks. Any and all goodwill arising from Your use of the Marks shall accrue to Quantone. You will not copy or use the Marks in any way not authorised by Quantone in writing or this Agreement. You will abide by any and all conditions set out by Quantone in connection with Your use of the Marks and must not challenge the validity of the Marks or attempt to register similar or trademarks, service marks or logos.

9.3. Decibel reserves the right to withdraw its consent for You to use the Marks at any time. Upon withdrawal of consent, You shall immediately discontinue Your use of the Marks.

10. Publicity

10.1. Quantone may, at any time in its sole discretion, prepare and issue press releases, statements, and promotional and other materials mentioning and/or describing Your use of the Quantone Data and identifying You as the developer and otherwise describing the relationship between You and Quantone. You will be notified and asked to review and approve such publicity materials before they are issued by Quantone.

10.2. You are not permitted to issue any publicity in connection with Your use of the Quantone Data without the prior written consent of Quantone.

11. Terms & termination

11.1. This Agreement will become effective upon first use of the Quantone Service and will remain effective until terminated by either Quantone or You as set out herein. Quantone will not be liable in relation to any damage caused by the modification or termination of these Service Terms and/or any other applicable Additional Terms.

11.2. This Agreement shall continue on an ongoing basis during the Term, subject to any earlier termination caused by the violation of the Agreement.

11.3. You may terminate this Agreement at any time by sending an email to support@quantonemusic.com which shall be deemed to have been given on the date that the email is read by Quantone (evidenced by a read receipt automatically sent to You). You acknowledge and agree that Quantone may at any time in its sole discretion, without liability and with or without cause terminate this Agreement and/or terminate, restrict, block, disable or suspend Your access to the Quantone Site or the Quantone Data or any portion or feature of any of them.

11.4. Upon termination of this Agreement by You or Quantone: (i) all licenses and rights to use the Quantone Service shall terminate and (b) You will immediately cease any and all use of the Quantone Service and return any data that has been cached by your services, and delete your data cache.

12. Privacy

12.1. By using the Quantone Service and accepting these Terms of Service you are also accepting the terms of our Privacy Policy, incorporated in the Agreement by reference for all purposes. The Privacy Policy refers to the way we handle personal data and other private information. Please read our Privacy Policy in full for more details.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY SUBMITTING A REQUEST TO USE THE QUANTONE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND PRIVACY POLICY AND GRANT TO QUANTONE THE RIGHTS SET FORTH HEREIN.