IMPULSE
Impulse
Terms and Conditions of Use
Last Updated: 25 Mar 2021
This website, including any subsite accessible through the homepage (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of Sony Music Publishing LLC ("Sony"). Please note that when you enter any subsite accessible through this homepage or the shopping page, such subsite may have its own terms and conditions of use which are specific to such subsite. When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Sony grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Site. By making them available on this Site, Sony is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your personal use at home, unless the subsite you are accessing states that you may not. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Rules for Chatrooms, Bulletin Boards, and Other User-Supplied Material
This website may have an area which allows you to "chat" or upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload, or otherwise publish through this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are abusive, illegal, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Sony may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, Sony is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Sony may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Sony's policies in any way. Sony will fully cooperate with any law enforcement authorities or court order requesting or directing Sony to disclose the identity of anyone posting such materials.
Sony's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Sony uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Sony anywhere in the world, in any medium, forever. Furthermore, Sony is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you agree and understand that Sony is not obligated to use any such ideas or materials, and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Sony does not cause Sony to have any special responsibility to you.
Links
This website may contain links to other Internet sites on the World Wide Web. Sony provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Sony approves of, endorses, or recommends that website. Sony disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Contests
This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
Rules for Kids (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you
- Send in any information
- Enter any contest or game that requires information about you or offers a prize
- Join any club or group
- Post any information on any bulletin board or enter any chatroom or
- Buy anything online
If you are under 13, have your parent or guardian review the Privacy Policy by clicking here
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local Sony authorized representative for the availability of specific products and services in your area.
Sony's Right to Change These Terms and Conditions of Use or Content on the Site
Sony may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Sony may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend, and hold Sony and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Sony's defense of any claim. Sony reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sony.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, SONY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY'S NEGLIGENCE, SHALL SONY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF SONY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SONY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Sony and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.
Choice/Opt-Out
You may choose to stop receiving newsletters, updates or marketing emails by following the unsubscribe instructions included in these emails or communications. Some Sites also allow you to change your email preferences within your online profile.
Updating Your Personal Information
Our Sites may offer different methods for updating your personal information. To review and update your personal information on artist marketing Sites, please log in to your profile/account on each Site where you have registered.
To update your billing or shipping information for purchases, please follow the customer service instructions in your order confirmation email.
If you wish to cancel your account or request that we no longer use your information to provide you services contact your local Sony Music Publishing office.
Terms and Conditions of Use of Impulse
Last Updated: 23 Mar 2021
As set out in the Terms and Conditions of Use of the Site, these additional terms and conditions as well as the Terms and Conditions of Use of the Site apply in relation to the subsite known as "Impulse". In relation to Impulse only, in the event of conflict between the Terms and Conditions of Use of the Site and these additional Terms and Conditions of Use of Impulse, the Terms and Conditions of Use of Impulse shall prevail. These Terms and Conditions of Use of Impulse constitute an agreement between you and Sony Music Publishing LLC.
Impulse is not intended for use by the general public and is available only to Authorised Users. If you are not an Authorised User, or do not agree to these Terms and Conditions of Use of Impulse, you are not permitted to access or use Impulse.
Impulse is published and maintained by subsidiaries, affiliates, and/or related entities of Sony Music Publishing LLC ("Sony"). Please note that your access to Impulse is strictly subject to, and when you enter, access, browse or use Impulse you accept, without limitation or qualification, the terms and conditions set forth in the Terms and Conditions of Use of the Site and the further terms and conditions of use set forth below:
1. DEFINITIONS
As used herein:
"Authorised Recipient" means an employee of the company or other legal entity which the "Authorised User" represents who have a need to know the Information in connection with and in furtherance of the same purpose for which access to Impulse was granted by Sony to the relevant Authorised User.
"Authorised User" means the person who has been granted access to Impulse by Sony by means of a username and password.
"Information" means all information and materials made available on Impulse, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, software, data and information relating to Sony's and its administrative partners' and their writers' songs, musical works, or other intellectual property, workflows, processes and compositions published or administered in whole or in part by Sony.
2. These Terms and Conditions of Use of Impulse impose no obligation on Sony to provide you with access to Impulse or to disclose or make available any Information to you, and makes no warranties or representations in connection therewith. Sony shall at its own discretion determine how much, if any, Information to disclose or make available. Sony may at any time, without notice and in its sole discretion, terminate your Impulse account or block your access to Impulse.
3. As between you and Sony, all Information made available to you on Impulse is owned by Sony, and may be protected by U.S. or international copyright law, international conventions, and other intellectual property laws. No licence, express or implied, is granted to you hereunder. You cannot use the Information except strictly in connection with the purpose for which access to Impulse was granted to you by Sony. Under no circumstances may you sell or trade any Information. You agree to follow all instructions on Impulse limiting the way you may use Information. There are a number of proprietary logos, service marks, and trademarks found on Impulse. By making them available Sony is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Information may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
4. You warrant and represent that you are the Authorised User. You agree that you shall not share your Impulse username or password with any other person and you shall take reasonable measures to protect your Impulse username or password from being acquired by third parties.
5. The Information shall be treated by you as strictly confidential. You shall not copy or reproduce or use the Information other than as necessary in connection with the purpose for which access to Impulse was granted. You shall not disclose or distribute any Information other than to Authorised Recipients with a need to know in connection with the purpose for which access to Impulse was granted or otherwise with the prior written consent of Sony and provided that you shall ensure that such Authorised Recipients shall abide by the same requirements and restrictions in relation to such Information as are applicable hereunder.
6. You agree to indemnify, defend, and hold Sony and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any Authorised Recipient of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Sony's defense of any claim. Sony reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sony.
7. It is acknowledged that the Information may include personal data (including data relating to songwriters and third parties) and you agree and undertake to comply with all applicable data protection laws and regulations in connection with such personal data.
8. Sony reserves the right to withdraw, limit and terminate access to Impulse at its sole discretion. No such withdrawal, limitation or termination shall affect your obligations hereunder, including without limitation those of indemnity, confidentiality and non-disclosure.
9. Any and all copies of Information disclosed hereunder, on whatever physical, electronic or other media or format the Information may be stored, including subsequent copies made by you or any Authorised Recipients, shall be destroyed within thirty (30) business days of Sony's request. Destruction shall include the permanent removal of all Information from all electronic storage facilities and devices, including any cloud storage facilities. Upon request you will provide Sony with written certification that any or all such Information has been destroyed in accordance with this provision.
10. These Terms and Conditions of Use of Impulse do not constitute a commitment or an obligation on the part of either you or Sony to enter into any other binding contractual agreement. No warranties are provided hereunder in respect of the Information, whether as to the completeness or accuracy thereof or otherwise.
11. Sony may add to, change, or remove any part of these Terms and Conditions of Use of Impulse at any time, without notice. Any changes to these Terms and Conditions of Use of Impulse or any terms posted on Impulse apply as soon as they are posted. By continuing to use Impulse after any changes are posted, you are indicating your acceptance of those changes. Sony may add, change, discontinue, remove, or suspend any other Information posted on Impulse, including information relating to musical compositions, temporarily or permanently, at any time, without notice and without liability.
12. You agree that any breach of these Terms and Conditions of Use of Impulse may result in irreparable damage to Sony in an amount now impossible to calculate. As a result, Sony may be entitled to seek injunctive relief against you or any third party in the event of any breach or threatened breach of these Terms and Conditions of Use.
13. YOUR USE OF IMPULSE IS AT YOUR OWN RISK. IMPULSE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH IMPULSE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SONY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY INFORMATION PUBLISHED ON OR AVAILABLE THROUGH IMPULSE; (2) THAT THE SERVER THAT MAKES IMPULSE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE IMPULSE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SONY'S NEGLIGENCE, SHALL SONY BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE INFORMATION DISCLOSED AND THE CONTENTS AND FUNCTIONS OF IMPULSE, EVEN IF SONY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE RECEIVING PARTY. IN NO EVENT SHALL SONY'S TOTAL LIABILITY TO THE RECEIVING PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
14. If any part of these Terms and Conditions of Use of Impulse, or the application thereof to any party, shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of these terms and conditions, which shall continue in full force and effect, or the application of these terms and conditions to the remaining parties.
15. These Terms and Conditions of Use of Impulse are subject to and will be construed in accordance with the laws of England and Wales and each party hereto agrees to submit to the exclusive jurisdiction of the English courts.