Welcome to Quarry Music, a service provided by Quarry Music, LLC (“Quarry Music,” “we” or “our”).
USE OF PLATFORM
All trademarks, service marks, trade names and tradedress, whether registered or unregistered (collectively the “Marks”) that appear on the Site and/or the App are proprietary to Quarry Music or other respective owners that have granted Quarry Music the right and license to use such Marks. Other than with respect to your own Marks, you may not display or reproduce the Marks other than with the prior written consent of Quarry Music or the owner of the relevant Mark, and you may not remove or otherwise modify any trademark notices from any Content.
Your Content is generated, owned and controlled solely by you, and not by us and Your Content remains your sole responsibility. You must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights.
From time to time the Platform will afford you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and we shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
GRANT OF LICENSE
By uploading or posting Your Content to the Platform, you hereby grant Quarry Music a worldwide, non-exclusive, royalty-free,fully paid sublicenseable and transferable license to transcode and store Your Content on its servers and to use, reproduce, transmit, distribute, publicly display, publicly perform, create derivative works of, make available and communicate Your Content to the public on the Platform, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats through any media channels.
By uploading Your Content to the Platform, you also grant a worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared, to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public. Removal of audio Content from your account will result in the deletion of the relevant files from Quarry Music’s systems and servers.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to Quarry Music as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform.
(iv) Your Content, including any comments that you may post on the Platform, is not and will not be unlawful, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
We reserve the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Quarry Music respects the intellectual property of others, and we ask our users and visitors to do the same. Quarry Music will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Quarry Music will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Quarry Music with the following information. Please be advised that to be effective, the notification must include ALL of the following: a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site and/or the App; your address, telephone number, and email address and all other information reasonably sufficient to permit Quarry Music to contact you; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement (“DMCA Notice”) should be directed to: Quarry Music, LLC, 1632 S. Juniper Street, Philadelphia, PA 19148 or Contact@quarrymusic.fm.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING QUARRY MUSIC THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that the material reported in the DMCA Notice you received was misidentified or removed in error, you should file a counter-notice, containing the following information:
A physical or electronic signature (typing your full name will suffice); Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA Notice will suffice); A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Quarry Music may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons.
BLOCKING OR REMOVING CONTENT
Please also note that individual users who upload Content have control over the audio Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice. You have no right of continued access to any particular item of Content and Quarry Music shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Quarry Music or the relevant user.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
In an attempt to provide increased value to our visitors and users, the Site and/or the App may contain links to other websites on the Internet that are owned and operated by third parties other than Quarry Music (the “External Sites”). However, even if the third party is affiliated with Quarry Music, Quarry Music has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Quarry Music. Quarry Music has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Sites. These External Sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by the third parties owning and operating them. Links do not imply that Quarry Music sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Quarry Music seeks to protect the integrity of the Site and the App and the links placed upon them and therefore requests any feedback on not only the Site and the App, but for the External Sites as well (including if a specific link does not work). You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
If you want to terminate your legal Agreement with Quarry Music, you may do so by: notifying Quarry Music at Contact@quarrymusic.fm or closing your account by going to quarrymusic.fm, user profile account, and selecting “delete account”.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Quarry Music, except to the extent that we are obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as we assume no liability for any material that is irretrievably deleted following any termination of your account. We are not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Site for as long as your account is active.
If you access the Platform via a mobile app, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Site.
LIABILITY FOR CONTENT
Quarry Music makes no warranties or representations about the accuracy or completeness of the consent of the Platform or External Site. Quarry Music does not filter advertisements or other Content that children may view through our sites or “hot-linked” sites, and they could receive Content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL QUARRY MUSIC, OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF QUARRY MUSIC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT QUARRY MUSIC MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY QUARRY MUSIC OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT, ANY INFORMATION RELATING TO CONTENT OR ANY VIRUS OR MALICIOUS CODE;
(E) YOUR FAILURE TO PROVIDE QUARRY MUSIC WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO QUARRY MUSIC AS SOON AS POSSIBLE.
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL QUARRY MUSIC’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM EXCEED TEN DOLLARS ($10 USD).
Data Protection, Privacy and Cookies
Quarry Music makes no representation that materials in the Platform are appropriate or available for use in other locations, and access to them from territories where their Content is illegal is prohibited. Those who choose to access this Site and/or the App from locations outside Pennsylvania do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania. No Class Actions
You may only resolve disputes with Quarry Music on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Please send all notices by mail to: Quarry Music, LLC, 1632 S. Juniper Street, Philadelphia, PA 19148 or by email at Contact@quarrymusic.fm.