Last Updated: March 1, 2016

This Terms of Use Agreement (“Agreement”) is an agreement between you (“you” or “user”) and the International Federation of Phonographic Industry (“IFPI”). The Agreement governs your access and use of isrcsearch.ifpi.org, whether accessed via computer, mobile device or other technology (the “Site”). When you use the Site, you agree to the terms and conditions that follow. If you do not agree to these terms and conditions, you should immediately cease use of the Site.

If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into this Agreement or use these Site and fulfill the obligations set forth in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE.

Changes to this Agreement

IFPI reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. The “Last Updated” date at the top of this Agreement will indicate when the latest modifications were made. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

Privacy

In addition to these terms and conditions, please review IFPI’s Privacy Policy, which also governs your use of the Site.

Use of the Site

You may use the data contained in the Site solely to enable you to uniquely identify sound recordings, and more accurately report on your use of sound recordings. You may not systematically or automatically collect, scrape, harvest, or use other means to copy data from the Site. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any content found on the Site to any third party (including, without limitation, the display and distribution of such content via a third-party website). The foregoing prohibition includes, but is not limited to, the practice of embedding the Site (or parts thereof) in “frames” or other pages offered from other sites, and “mirroring” content from the Site on a server other than that operated by IFPI or SoundExchange, Inc. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the content in any way at any time.

Disclaimers and Limitations of Liability

Your use of the Site is at your sole risk. The Sites is provided on an “as is” and “as available” basis. Neither IFPI nor SoundExchange, Inc. make any warranties, express or implied, and specifically disclaim all warranties of any kind, including any warranty of merchantability, fitness for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. Further, neither IFPI nor SoundExchange, Inc. warrant that access to or use of the Site will be uninterrupted or error-free, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components or that information accessible via the Site will be complete, accurate, or timely. To the fullest extent permissible under applicable law, you understand and agree that neither IFPI nor SoundExchange, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the Site or from any actions IFPI or SoundExchange, Inc. takes or fails to take as a result of electronic mail messages and/or other electronic submissions you send IFPI or SoundExchange, Inc. These include damages relating to errors, omissions, down time, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if IFPI and/or SoundExchange, Inc. or their representatives have been negligent or have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless IFPI and SoundExchange, Inc. against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

Usage; Termination of Usage

You agree to use the Site only for lawful purposes, and that you are responsible for your use of the Site. You agree not to use the Site in any manner that interferes with its normal operation, its availability, or with any other user’s use and enjoyment of the Site.

You agree not to upload, store, copy, transmit, or link to any software viruses, corrupted files, Trojan horses, spyware, malware, or other form of malicious software and content to the Site.

Visitors who use the Site do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not IFPI, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by either you or IFPI. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. IFPI also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, for any reason, including without limitation, if in IFPI’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user.

IFPI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that IFPI shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

Applicable Law & Jurisdiction

(a) The Site is controlled and operated by SoundExchange, Inc. from within the United States of America. SoundExchange, Inc. makes no representations or warranties that the content or materials of the Site are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Site will be available outside the United States. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Site or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

(b) This Agreement shall be governed by the laws of the United States and the District of Columbia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in District of Columbia, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.

Miscellaneous

If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. All remedies whatsoever available are cumulative and non-exclusive. No waiver or failure to require performance in any instance shall act as a waiver or bar in any subsequent or other instance.

This Agreement, including IFPI’s Privacy Policy, constitutes the entire Agreement between IFPI and each user of the Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be forever barred. The “Disclaimers and Limitation of Liability” provisions of this Agreement are for the benefit of IFPI and SoundExchange, Inc. and IFPI and SoundExchange, Inc. shall have the right to assert and enforce these provisions directly against you on its own behalf.

How to Contact IFPI

Questions, comments and requests regarding the Site are welcomed and should be addressed to isrcsearch@ifpi.org.