The following terms govern your licence of any ZRF Works (as defined herein) from Zen Royalty Free Pty Ltd (ABN 24 653 838 834) trading as Zen Royalty Free (herein referred to as ZRF, we, us and our) and the relationship between you and us, the use of our website located at zenroyaltyfree.com (the ZRF Website) and your rights and obligations in respect of such use.
1.1 By licensing a ZRF Work, registering a User Account, or by accessing, viewing, streaming, or downloading any information or content from or to the ZRF Website, you represent and warrant that:
(b) you are at least eighteen (18) years of age, or at least thirteen (13) years of age and have the permission of your parent or legal guardian to licence a ZRF Work or use the ZRF Website.
2. DESCRIPTION OF THE ZRF WEBSITE
2.1 The ZRF Website is a hosting service, online marketplace, and facilitator for:
(a) Registered Users to licence ZRF Works by way of direct download from the ZRF Website; and
(b) Access to the ZRF Content,
3. REGISTRATION FOR USE OF THE ZRF WEBSITE – PERSONAL INFORMATION
3.1 To access certain features of the ZRF Website, you must create a valid account (User Account) and be a Registered User. You will be required to provide us with personal information in order to create a valid User Account including, without limitation, your first and last name, and your email address. You represent and warrant that (i) the information you provide to us upon registration and at all other material times will be accurate, current, and complete; and (ii) you will maintain and promptly update such information as required to ensure it remains true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that you have provided information that is untrue, inaccurate, not current, or incomplete, we have the right to immediately terminate your User Account without notice.
3.2 You are solely responsible for maintaining the confidentiality of any account information, including your username and password, and all activity emanating from your User Account, whether or not such activity was authorised by you.
3. 3 If your username or password is lost or stolen, or if you believe that your User Account has been accessed by an unauthorised third party, you are advised to immediately notify us in writing at firstname.lastname@example.org and change your password at the earliest opportunity.
4. LICENCE TO USE ZRF WEBSITE
4.2 The ZRF Website may contain links to other websites as well as content added by third parties. We do not endorse, sponsor, or approve any such third party generated content or any content available on any linked website.
4.3 You acknowledge and agree that:
(a) we retain complete editorial control of the ZRF Website and may alter, amend or cease the operation of the ZRF Website at any time in our sole discretion; and
(b) the ZRF Website will not operate on a continuous basis and may be unavailable from time to time (including, without limitation, for maintenance purposes).
5. LICENCE OF A ZRF WORK
5.1 ZRF Works shall be licenced to you by ZRF:
(a) strictly in accordance with the terms and conditions of our Gold, Silver or Platinum Licence, as applicable;
(b) subject to payment in full of the relevant Fees; and
(c) on a non-exclusive basis.
5.4 To compare our Silver, Gold and Platinum Licences, please see our Comparison Chart which can be accessed from our website at zenroyaltyfree.com/licenses. Please contact us to request a custom licence if your needs fall outside of the options provided in our Silver, Gold or Platinum Licences.
6. PROHIBITED USES OF THE ZRF WORK AND ZRF WEBSITE
6.1 In addition to those prohibitions set forth in our Silver, Gold and Platinum Licences and save as otherwise expressly provided for herein, you must not:
(c) edit, change, copy, add to, take from, adapt and or translate, in any manner or context, the ZRF Work other than altering the length of the ZRF Work for the purposes of editing the ZRF Work for use within a User Project;
(d) use the ZRF Work in applications allowing an end user to customise a digital or physical product to their specific needs, such as “on demand”, “made to order” and “build it yourself” applications;
(e) permit or otherwise authorise any end user or other person other than the Registered User to use the ZRF Work separately and apart from the User Project;
(f) alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary legal notices contained in, or appearing on, the ZRF Website or any ZRF Content appearing on the ZRF Website;
(g) rent, sell, or lease access to the ZRF Website or any ZRF Content on the ZRF Website;
(h) deliberately impersonate any person or entity or otherwise misrepresent to us your affiliation with a person or entity;
(i) spam, phish, pharm, pretext, spider, crawl, or scrape; or
(j) interfere with or circumvent the security features of the ZRF Website or any related website, other websites, or the Internet.
7.1 All ZRF Works are owned by Jason Stephenson and licensed by ZRF. You must ensure that you provide Jason and/or ZRF (as applicable) with a credit as set out in the applicable Gold, Silver or Platinum Licence Agreement, save only where it is technically unfeasible to do so.
8.1 In consideration of the rights granted to you, you shall pay the applicable fees in accordance with our Gold, Silver or Platinum Licences and as set out here zenroyaltyfree.com/licenses on the ZRF Website (Fees).
8.2 Fees are payable directly to us through our payment gateway accessed at http://www.stripe.com (Stripe). We reserve the right to charge-back and offset for any charge-backs. If you have been overpaid for any reason (as determined in our sole discretion), you agree to repay us immediately upon request.
9. INTELLECTUAL PROPERTY RIGHTS
10.1 You represent and warrant to us that you:
10.2 ZRF warrants, represents, and agrees that:
(b) the use of the ZRF Work shall not violate any law or infringe upon or violate the rights of any other person or entity.
11. DISCLAIMER OF WARRANTIES, LIMITATION AND LIABILITY
11.2 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages. We will not be liable for any loss or damage however caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of or in connection with your use of the ZRF Website or to your downloading of any material posted on it.
(a) the supply of services again; or
(b) the payment of the cost of having the services supplied again.
13. 3 In the event your use of the ZRF Website or ZRF Work is terminated in accordance with this clause 13, ZRF shall have no obligation to make repayment of any Fees paid by you to ZRF. Any such termination shall be without prejudice to any other remedies ZRF may have against you including, but not limited to, injunctive relief, nor shall termination relieve you of your obligations to pay ZRF any applicable Fees unpaid as at the date of such termination.
15.1 In these Terms and Conditions, the following terms have the following meanings:
Intellectual Property Rights means all intellectual property and proprietary rights (whether registered or unregistered) including without limitation copyright, trademarks, business names, domain names, social media pages, patents, patent applications, designs, inventions, trade secrets, know-how and similar industrial or intellectual property rights.
Registered User or Registered Users means any person who has registered a valid User Account to access every feature of the ZRF Website, purchase a Licence and/or access the ZRF Works.
User Project means an audio or audio-visual recording created by a Registered User which synchronises, incorporates and/or embodies a ZRF Work with video or voice-over and which falls within a category approved by us.
ZRF Content means content, data, weblinks and information that may be uploaded, stored, transmitted, submitted, exchanged, or otherwise made available to or via the ZRF Website.
ZRF Work or ZRF Works means those sound recordings owned and/or controlled by ZRF and uploaded by ZRF to together with all underlying musical works including lyrics.
Last Revised: 24th September 2021