Terms of Service

Last updated August 11, 2024

Agreement to our Legal Terms

This Music License and Services Agreement (“the Agreement“) establishes a legally binding contract between Vasco Lourenço, an individual whose headquarters are located at Rua António Rodrigues Cardoso 8 2E, 6000-151 Castelo Branco, Portugal, doing business as Musical Wanderings (“Musical Wanderings,” “we,” “us“), and all clients, individuals, entities, licensees, users, or visitors (“you“) who either access the Musical Wanderings website (the “Website“) at https://musicalwanderings.com or use the Services defined in Section 3.1 of this Agreement via the website.

From now on, let’s both call ourselves “Parties” when we’re talking about the two of us together and “Party” when it’s just one of us.

Make sure to go over the terms and conditions of this Agreement carefully before you dive into the website and start using the services we offer. To get into the website and to use the services, you’ve got to be okay with everything written in this Agreement.

1. Definitions

In this Agreement, certain terms have specific meanings:

• License(s): we’re referring to different types of licenses, including the Basic and Premium License, detailed in Section 4.
• Music Track(s): means the actual sound recordings we’ve got on our website and includes any musical compositions, like songs or melodies, and anything that’s part of those recordings. You can use these tracks but remember to take a look at Section 5 for the rules on how to use them properly.
• Project(s): refers to what you plan to do with the music tracks. It’s the job or activity where you’ll apply the music under your chosen license.

2. Acceptance and Modification of this Agreement

2.1 When you use the Website and the Services we describe here, you agree to follow the rules set out in this Agreement and all related laws. If you don’t agree with any part of this agreement, then I’m afraid you cannot use the services or access the website.

2.2 Bear in mind that Musical Wanderings might change the rules and terms in this Agreement every now and then. If you keep using the website and services after these updates, it means you’re okay with the new rules.

3. The Services

3.1 Musical Wanderings offers a selection of Music Tracks accessible through the Website, and here’s what we let you do:

1. Browse and listen to these Music Tracks on the Website;
2. Download these Music Tracks from the Website for use in your projects, but only if you have the right license;
3. Use them in your Project(s), as long as you follow the guidelines outlined in Section 4 (regarding Licenses) and Section 5 (detailing Limitations and Restrictions).

(Collectively, these are known as the “Services“.)

3.2 Musical Wanderings won’t be held responsible for how you use the Services and Music Tracks in your Projects. To be clear, you’re fully responsible for anything related to your Projects.

3.3 You recognize and accept that Musical Wanderings may, at any time and its own discretion, add or remove Music Tracks from the Website. It’s also understood that you won’t have any claims or demands regarding such changes.

3.4 Given that the Music Tracks are digital products, you understand that Musical Wanderings does not offer refunds. The only exception is if you can’t access or use the Music Tracks due to a mistake or error made by Musical Wanderings.

4. Licenses

4.1 License Grant. As a component of the Services, and in compliance with Section 5 (Limitations and Restrictions) and the terms of this Agreement, Musical Wanderings offers you a non-exclusive, worldwide, non-transferable, and non-sublicensable license. This license allows you to use, download, and modify the Music Tracks, either entirely or partially, but only under the conditions specified by this Agreement and the specific License that you select.

4.2 “Pay-per-Track” Individual Licenses. Musical Wanderings presents you with two (2) different paid individual license options: the Pay-per-Track Basic License and the Pay-per-Track Premium License, each detailed further below. These licenses allow you to download and use a single (1) Music Track from the Website. Each of these paid licenses is granted eternally. Below are the specific features and details for each License:

4.2.1 Basic License. This License allows you to download and use a single (1) Music Track for a one-time licensing fee (detailed on the Website). Besides personal use, this license applies to be used in Projects as part of online advertisements, video games, applications, software, online courses, or videos, films, documentaries, animations, or presentations intended for public screening, a public event (including but not limited to art shows, concerts, plays, and exhibits) where an entrance fee or other type of fee is paid by participants attending the public event, and videos produced by wedding videographers as part of their wedding videography and/or photography activity.

4.2.2 Premium License. This License affords you all the benefits of the Basic License, with the additional right to download and use a single (1) Music Track by paying a one-time licensing fee (as indicated on the Website). This license further extends to include your Project in a video, film, documentary, animation, or advertisement intended for broadcasting on TV, online VOD platforms, or in cinemas, as well as shows broadcasted on non-web Radio.

4.3 The Licenses enable you to reasonably use the Music Tracks available on the Website without limiting the number of Projects where you can integrate and/or synchronize the Music Tracks downloaded from the Website. However, these Projects should not be intended for selling to multiple clients for commercial use.

4.4 Musical Wanderings will provide a license certificate for each Music Track that you download and purchase from the Website.

4.5 For clarity, you are permitted to use our Music Tracks in videos posted on Facebook. However, you must not register the Music Track with the Facebook Rights Manager service. Likewise, you cannot register the Music Tracks with Content ID services.

4.6 Musical Wanderings reserves all rights that are not explicitly granted to you.

5. Limitations and Restrictions

5.1 Unless explicitly allowed under Section 3 (The Services) and Section 4 (Licenses) of this Agreement, you are prohibited from:

1. Incorporating the Music Tracks into applications or software designed to create or generate videos;
2. Using the Music Tracks for meditation soundtracks or Projects solely composed of music content (guided meditations are allowed);
3. Falsely claiming, directly or indirectly, to be the original creator/owner/author of the Music Tracks;
4. Distributing or reselling the Music Tracks or any derived works that include the Music Tracks, in full or in part, as part of any other stock product, library, collection, or database;
5. Creating remixes using the Music Tracks;
6. Incorporating the Music Tracks in Projects that endorse violence, hate, discrimination, illegal activities, cruelty, or any harmful content;
7. Editing, modifying, or changing the Music Tracks beyond simple editing tasks (such as setting fade-in/fade-out points, choosing start and end points, or using portions of the Music Tracks), in ways that significantly alter their original character, harmonic structure and/or melody, or in a manner that infringes on the inalienable moral rights of Musical Wanderings’ licensors;
8. Allowing a third party to use or copy the Music Tracks;
9. Using the Music Tracks in ways that could harm the artist/licensor’s reputation, Musical Wanderings’ reputation, or infringe on the rights of any third parties;
10. Sublicensing or transferring the Music Tracks for isolated distribution;
11. Making the Music Tracks available for distribution, resale, or performance separately from the Project they have been integrated into;
12. Utilizing the Services in any manner not specifically sanctioned by this Agreement or the relevant License.

5.2 Musical Wanderings retains the exclusive right to decide, at its sole discretion, if the usage of a Music Track breaches this Section. Should such a determination be made, Musical Wanderings may require you to immediately stop using any of the Music Track(s), the Website, and/or the Services.

6. Payments and Taxes

6.1 Payment Requirements. To process the payment for your chosen one-time License(s), you must provide a valid payment method, such as a debit card, credit card, or PayPal account. Musical Wanderings will use a third-party payment processor to handle your payment. Upon acquiring a one-time license, you are required to furnish Musical Wanderings with your contact details and payment method information. By providing your payment details, you grant Musical Wanderings and our third-party payment processor the authorization to charge your credit or debit card for (i) the full amount of the selected one-time licensing fee, (ii) any additional agreed-upon charges, and (iii) all applicable taxes.

6.2 Fee Adjustments. Musical Wanderings reserves the right to alter the fees for the one-time licenses at its sole discretion and at any time. Changes to the one-time licensing fees take effect immediately. By continuing to use the Services following any fee adjustments, you agree to the new fee structure.

6.5 Service Changes. Musical Wanderings does not commit to indefinitely offering the Licenses as currently described on the Website and may modify the fees for one-time licenses as well as the features of any specific License.

6.6 Taxes. Unless otherwise defined on the Website or in this Agreement, all fees for accessing and using the Website and Services do not include taxes, levies, duties, or similar government charges, including but not limited to value-added, sales, use, or withholding taxes, imposed by any jurisdiction (“Taxes”).

7. Proper Conduct for Utilizing the Website

When using the website, please avoid the following:

1. Breaking Laws or Regulations: Don’t use the website for any activities that break local, national, or international laws.
2. Violating Intellectual Property: Be sure not to share content that isn’t yours or that you don’t have rights to use. This includes anything that infringes on Musical Wanderings’ rights or anyone else’s intellectual property.
3. Invading Privacy: Respect everyone’s privacy. Don’t post or share anything that could harm or invade others’ privacy.
4. Sharing Harmful Content: Avoid posting, sharing, or sending anything that’s harmful, threatening, abusive, vulgar, or promotes violence or exploitation. Defamatory or disruptive materials and messages that incite hate are not allowed.
5. Promoting Harm or Discrimination: It’s important not to distribute content that encourages harm, violence, racism, sexism, or any form of bigotry against any individual or group.
6. Exploiting Minors: Never use the Website to gather personal details from anyone under 18 or to harm or exploit them.

8. Intelectual Property Rights

8.1 Everything available on the website, including but not limited to all copyrighted material, music tracks, data, software, the way things are arranged, plus all the logos, graphics, text, and even the behind-the-scenes technology like algorithms and codes, belongs to Musical Wanderings or we have the right to use it because it’s licensed to us. So, if you’re thinking about using any of these materials yourself, whether sharing them electronically or in any other form, remember you need to get written approval from Musical Wanderings first.

8.2 All intellectual property rights associated with the Materials, Website, and Services, such as patents, design rights, trademarks, business names, rights concerning unfair competition, copyright, moral rights, database rights, topography rights, domain names, confidential information (including trade secrets), and any other related or similar rights, currently existing or developed in the future anywhere in the world, registered or not, including all applications, renewals, or extensions of these rights, solely belong to Musical Wanderings, its affiliates, licensors, or vendors. These rights are collectively referred to as “Musical Wanderings’ Intellectual Property Right(s).” Musical Wanderings retains all rights not explicitly granted to you. Apart from what is expressly mentioned in this document, you are not entitled to any right, title, or interest in any of Musical Wanderings’ Intellectual Property Rights.

8.3 Ownership of Music Tracks. You understand and agree that when you access Music Tracks from the Website, you’re being licensed by Musical Wanderings to use them. This means you’re getting the right to use the Music Tracks under this Agreement, but you’re not buying the Music Tracks themselves. The original composer, songwriter, and/or recording artist retains all ownership and copyright over the Music Tracks. So, when you download Music Tracks from the Website, you are acquiring a license to use the tracks in your projects, not owning them. It’s important to remember that you won’t hold any ownership, rights, or claims to the Music Tracks themselves.

9. Disclaimer of Warranties

9.1 Except as explicitly stated in this Agreement, Musical Wanderings offers the Services to you on an “as is” and “as available” basis, complete with any faults, defects, bugs, and errors that they may have.

9.2 Musical Wanderings expressly (a) rejects all warranties and conditions related to your use of the Services on the Website; and (b) provides no warranties or assurances whatsoever, including but not limited to any warranties or conditions of merchantability, whether they be express, implied or statutory, fitness for a particular purpose, title, non-infringement, quiet enjoyment, or integration.

9.3 Musical Wanderings does not guarantee that (a) the Services will fulfill your needs or live up to your expectations, (b) your access to or usage of the Website and Services will be continuous, on time, secure, or without errors, (c) any imperfections in the Website and/or Services will be corrected, or (d) the Website and Services or any server allowing you to access the Services are devoid of viruses or other damaging components.

9.4 You assume all responsibility when obtaining any material/information/music track through the Website and Services. Should any material/information/music track you’ve downloaded, captured, submitted, created, or otherwise gotten through use of the Website and Services result in harm to your computer system or data loss, you alone are responsible for any such harm or loss.

10. Limitation of Liability

10.1 At Musical Wanderings and our entire team, including partners and associates (if any), we’re committed to delivering a great experience. However, it’s important for you to know that we can’t be held liable for any indirect losses or damages you might incur as a result of using our Website or Services. This includes things like lost profits or impacts to your business, even if we’ve been warned about the possibility of these damages. It’s all part of the agreement to ensure everyone enjoys the music while understanding the boundaries.

10.2 Despite any provisions that suggest otherwise in these Terms, the total liability of Musical Wanderings (including its affiliates, if any, its licensors, vendors, and their respective managers, officers, employees, and agents) to you for any reason whatsoever and regardless of the legal basis of the claim, will be limited to the total amount you have spent for the Services in the last twelve (12) months.

11. Privacy Policy

The Privacy Policy of Musical Wanderings, which outlines how your personal information is used, stored, and processed, can be found at https://musicalwanderings.com/privacy-policy/. By choosing to access the Website and/or utilize the Services, you are acknowledging and agreeing to the terms outlined in the Musical Wanderings Privacy Policy.

12. Governing Law

This Terms and your use of the Service will be governed by the laws of Portugal, without regard to its conflict of law provisions. Additionally, your use of the Website may be subject to applicable local, state, national, or international laws.

13. General Provisions

14.1 Severability. Should any specific provisions or sections of this Agreement be found invalid under any applicable law or judicial decree, they will be considered as excluded from this Agreement to that extent only, without affecting the validity or enforceability of the remaining provisions of this Agreement.

14.2 No Waiver. The failure or delay of a Party in enforcing any right under this Agreement does not constitute a waiver of such right or any other rights herein. Any waiver of rights under this Agreement must be explicit, identifying the specific right being waived, and must be in writing and signed by the party granting the waiver.

14.3 No Assignment. You are not permitted to assign or transfer your rights under this Agreement without prior written approval from Musical Wanderings. Nonetheless, this Agreement will be binding on Musical Wanderings, its affiliates, or any corporation or entity to which it may (i) transfer a significant portion of its assets and business, and (ii) assign this Agreement. In such cases, references to “Musical Wanderings” herein will include such assignee entity or corporation.

14.4 No Agency, Partnership, Employment, or Contractor Relationship. By acknowledging that Musical Wanderings is a service provider, you understand that no employment, agency, joint venture, partnership, or independent contractor-client relationship exists between you and Musical Wanderings.

14.5 Notices. In accordance with this Agreement, any required or allowed notice shall only be deemed valid if it’s written and delivered through certified mail, registered mail, courier, or sent to info@musicalwanderings.com, unless stated otherwise within this Agreement.

14.6 Entire Agreement. This Agreement encapsulates the full and complete understanding between the Parties regarding its subject matter. The Terms outlined herein exclusively constitute the entire agreement between the Parties regarding its topic. No other dealings, understandings, agreements, representations, or warranties, whether written or verbal, exist beyond what is explicitly mentioned herein.

14. Contact Us

Got any questions about this agreement or need help with the Website or Services? Just drop us an email at info@musicalwanderings.com, and we’ll sort it out for you.