Overview
Welcome to the website of Hear & Found, a Thailand limited liability company (“Hear & Found,” “we” or “our” or “us”). The Hear & Found website provides the user (“you” or “user”) with licensing options for the use of certain rights in and to musical compositions and sound recordings (“Tracks”) from a curated catalog of musicians, bands, artists, and composers. In addition, we also offer you licensing for the use of certain rights in and to sound effects (“Sounds”) from a catalog of sound effects.
These Terms and Conditions establish the terms and conditions under which you may access and use this website and/or application and/or other future platforms provided by Hear & Found ("Website"), which is given and made available to you by Hear & Found Co., Ltd.
Please note that by accessing and/or using the Website, you, your authorized representative, and/or any entity you hereby represent accept these Terms and Conditions and the Privacy Policy and agree to be bound by them. As a result, before using the Hear & Found website, please read the Website's Terms and Conditions ("Terms and Conditions") and Privacy Policy carefully and ensure that you agree with them.
Hear & Found Music and Sound Library
All of our licenses are intended to be simple and easy. The Terms and Conditions below are designed to clarify what you can and cannot do with our Tracks, Sounds, and Website. Unauthorized use of our music (Tracks) and sound effects (Sounds) for synchronization, duplication, selling, hiring, lending, broadcast, and public performance is forbidden.
Hear & Found Co., Ltd. owns the copyright and master rights to the music and sound recordings on this website. We have the right to take action if you violate any of our Terms and Conditions.
If you are unsure about any aspect of music and sound effect use, please
contact us Downloading and Distributing Policy
If you wish to download music or sound effects from our website, you must first sign up or log in before choosing a usage type from the list. After you purchase your tracks, your license will be emailed to you.
Changes to Your Project
1. The rate for the music project covers the use of the track in
only one project or production. If you wish to use the same track in two distinct projects or productions, you must purchase it twice. Any updates to your original production, such as trailers, will be considered a "new" project or production.
If you need to use numerous tracks in your project(s) or if you need many different versions of the same track, a blanket license will normally be less expensive. We can offer you blanket license choices; please
contact us for more information.
2. For sound effect usage, you can use Sounds for any of your projects. However, there are some usage conditions; please read the
Licensing Agreement for more information.
Using Our Music and Sound Effects In Other Ways
1. Our music licenses are granted for the purpose of synchronizing our music with your visuals (audio-visual use). Music-only creations (such as audio-only CDs) require a particular license agreement, and music cannot be re-recorded, reproduced, or re-sold without one. Please
contact us for details.
2. Our Sounds licenses are issued to allow you to use our sound effects in your audio and video projects only. A specific license agreement is required if you want to distribute or reproduce the sounds where they are synchronized with other media productions such as product design or applications. Please contact us for details.
Refund Policy
We cannot guarantee a refund for online purchases unless there is a technical issue, such as a file flaw, and we are contacted within 48 hours of the purchase. To request a refund, please contact us , and we will gladly assist you.
Refunds will be processed within 15 working days using the original payment method.
VAT and Tax Charges
Please note that our prices include Thailand's standard tax and VAT rates.
Public Performance of Your Project
This issue is particularly relevant to the public performance of your production that syncs with our music (Tracks), Please keep in mind that any public performance (broadcast, website use, live events, etc.) of your project requires a public performance license. The entity performing the song, such as a broadcaster, website owner, or music venue (rather than the producing studio), has the responsibility to clear this license with the local performing rights organizations.
This will aid in the distribution of license fee income to composers and publishers whose music has been used. This is why it is critical for production companies to fill out cue sheets so that the broadcaster may provide the necessary information about the music played to the local performing rights organizations.
Monetization of Your Projects/Productions on Third Party Platforms
You, particularly the person who purchases the Commercial Use license from the music catalog, can "Monetize" by uploading your Projects or Productions to third-party platforms, such as www.YouTube.com or any of YouTube"s applications, that offer monetization capabilities (each, a "Third Party Platform"), and receiving payment for the display of such third-party content in conjunction with such action.
If one of your Projects is licensed under these Terms and Conditions as well as the Licensing Agreement, or if you otherwise receive a claim from the Third Party Platform regarding your Project's use of unlicensed Tracks, you must: (a) notify Hear & Found at
[email protected] and provide (i) the email address you used to sign up for your account with Hear & Found, (ii) the Project's name as it appears in your account. (iii) the URL to the uploaded Project, (i) a screenshot of the claim you received, and (v) any other information Hear & Found requests. We can assist you in releasing the claim against your uploaded Project as long as you provide the requested information to us.
*Please note that Hear & Found is a third-party licensor on behalf of our artists. Our artists are within their rights to use a Content ID system to monetize videos that use their content in an attempt to limit piracy. Even though the Content ID companies use an automated system to identify the songs, the system typically doesn’t know the difference between piracy and properly licensed music, but we can fix this for you.
Any claims made against the Projects that you post to Third Party Platforms or your channel, or your inability to Monetize any Projects, will not be Hear & Found's responsibility to you or any third party (s). Furthermore, Hear & Found will not reimburse you or any third-party in any manner if Hear & Found Monetizes any of your Projects on a Third Party Platform or for your inability to Monetize any of your Projects regardless of the reason why.
Terms and Conditions of Preview Download
Hear & Found offers are designed to make it easier for potential buyers to assess the quality, scope, and diversity of our music and sounds. On the Hear & Found website, you can use the Preview Download feature.
Kindly note that Preview Download Tracks are for internal testing and client approval purposes only and cannot be used for any other reason, including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media, or video synchronization.
You must agree to the following Terms and Conditions in order to participate in any of the Preview Downloads. Please do not download any music tracks or sound effects if you do not accept these Terms and Conditions:
As stated above, using Preview Download to access this free license, you can synchronize the tracks with pictures to create a production for private edit and demo purposes only. You cannot share or broadcast publicly.Preview Download Tracks must be licensed/purchased before they may be utilized for synchronization in a final production or project.The tracks cannot be used for any commercial use, including selling your products or using them in movies, commercials, or on websites, YouTube, or other streaming services.It is prohibited to give or sell the tracks to anyone else, or to reproduce or distribute the unsynchronized (audio-only) music tracks (Tracks) and sound effect (Sounds) in any way.The daily download limit for music tracks is five, and sound effect tracks are ten.No rights are provided for your production to be performed publicly (public performance rights).To access Tracks and Sounds, you must register your information with Hear & Found and consent to receive a series of emails about the services offered. However, after 60 days after the first sign-up, you can still unsubscribe from any marketing emails. If you have any additional questions regarding the terms and conditions of Preview Download please
contact us Miscellaneous
Third Party Services
When you use the services of Hear & Found, you may also use the services of one or more third parties, such as internet or payment service providers, or platforms where you post your Projects (ex: Youtube, Facebook, etc). These third parties may have their own terms of service, agreements, and policies that apply to you. You understand and accept that Hear & Found is not responsible or accountable for the services and terms and conditions of any such third parties, nor for your compliance with them. We strongly advise you to thoroughly read and comply with any such third-party terms of service and policies.
Intellectual Property Rights
a. As used in this Terms and Conditions, “Content”, including without limitation text, software, scripts, illustrations, graphics, graphic segments, photos, sounds, sound recordings, clips, songs, musical works, scores, videos, audiovisual combinations, interactive features, software applications, the Hear & Found name, trademarks, and logos, and other materials you may view on or used in the Website are protected by copyrights and intellectual property rights of the Hear & Found or of its artists (“Exclusive Content”).
b. You are prohibited from using the Hear & Found name, trademarks, and logos, including without limitation those used in the Website. You are also forbidden from utilizing the original Tracks titles, artists' names, or artistic names, as further detailed in the Licensing Agreement.
c. You hereby acknowledge and confirm that you do not now have and will not in the future have any ownership or intellectual property rights in the Exclusive Content, and/or recordings, Tracks, Sounds, Website contents, blog, trademarks, or design of the Website, and that your rights are limited to those outlined in these Terms and Conditions and the Licensing Agreement.
d. The Agreement grants you an authorization to use the Website and the Tracks and Sounds strictly in accordance with the provisions of the Agreement and is conditioned by your undertaking not to violate or be involved in any activities that violate any terms of the Agreement, and specifically in activities that cause the violation of intellectual property rights and/or deviation from the provisions of the Licensing Agreement.
Indemnification
You hereby agree to indemnify the Hear & Found, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, service providers, and artists, and anyone acting on their behalf, for any argument, claim, damage, loss, loss of profit, payment, or expense (including lawyer's fees and legal expenses) arising from your use of the Hear & Found's Website and services, your breach of the provisions of the Agreement, or any use of the Hear & Found's services in violation of the Agreement.
Termination by Hear & Found
It is normal for our business and services to change over time, and we have the right to discontinue any particular Pricing or Service and modify the Content, in whole or in part, as well as deny you access to and use of the Tracks, Sounds, Content or Service at any time and without prior notice.
For conduct that we determine, in our sole discretion, violates the Terms and Conditions, violates any applicable law, involves fraud or misuse of the Content, Tracks, Sounds, or Service, or is harmful to our interests or those of another user, we have the right to deactivate your account.
Our failure to insist on or enforce strict adherence to the Terms and Conditions will not be construed as a waiver of any of our rights. Your right to use the Content provided on this Website shall be terminated immediately upon termination, regardless of the reason(s) underlying such termination. We will not be liable to you or any third party for any claims for damages arising out of this agreement.
Amendments to these Terms and Conditions, including Fees
1. Hear & Found has the authority to periodically modify these Terms and Conditions, the Licensing Agreement, and the Privacy Policy at its sole discretion. The updated Terms and Conditions, the Licensing Agreement and/or Privacy Policy will be published on the Website after the changes have been made. Regularly checking for updates is advised. We may provide you notice if there are significant changes. You must stop using the Website, the Hear & Found’s services, and downloading Tracks and Sounds if you do not agree to the modifications in any such conditions. The amended version of the Agreement will be fully applicable to you if you continue to access or use the Website, the services, or the Tracks and Sounds.
2. Our prices may change from time to time. In this situation, we'll let you know in advance.