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This extension brings ALIBI's robust, versatile, and expertly crafted music and sound effects, trusted by top editors and producers, into your editing environment.
This extension brings ALIBI's robust, versatile, and expertly crafted music and sound effects, trusted by top editors and producers, into your editing environment.
Acquired
Install Now
End-User License Agreement
November 26, 2020
1.0.0
542 KB
Windows
Mac
Premiere Pro CC (2018) 12.0 - CC (2021) 15.0
Adobe’s privacy policy is not applicable to the use of this app, extension or integration. Please refer to the privacy policy provided by the developer or contact the developer directly for more information about their privacy practices.
Extension features:
Browse ALIBI's music library of over 200,000 audio files of music and sound effects with production quality and structure superior to standard stock music.
Filter results by Mix Type, Cutdowns, Genres, Tempo and more.
Download any audio file, including stems, directly into Premiere Pro.
License tracks through the extension. It's the easiest way to find the perfect track for your project. It's your story, we are here to back it up!
It's the easiest way to find the perfect track for your project. It's your story, we are here to back it up!
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V1.0 - This is the first release of ALIBI's library experience. No new notes or changes to be noted.
DocumentsALIBI_Premiere Pro Submission PDF_Initial_v2.pdf
The Alibi Library app can be found in the Adobe Premiere ”Window” menu. You can find it after Launching Premiere Pro by navigating to Window> Extensions> Alibi.
End-User License Agreement
ALIBI MUSIC LIBRARY WEBSITE USE AGREEMENT
THESE TERMS AND CONDITIONS OF USE CONTAINED HEREIN SHALL GOVERN AND APPLY TO YOUR USE OF THE ALIBI MUSIC, LP d/b/a Alibi Music Library (”ALIBI”) WEBSITE. BY USING THE ALIBI WEBSITE, YOU EXPRESSLY ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOU MUST IMMEDIATELY REFRAIN FROM ANY USE OF THE ALIBI WEBSITE IF YOU HAVE ANY OBJECTION WHATSOEVER TO THESE TERMS AND CONDITIONS.
THE TERMS AND CONDITIONS OF USAGE CONTAINED HEREIN (THE ”TERMS AND CONDITIONS”) IN NO WAY AFFECTS, ALTERS AND/OR AMENDS ANY TERMS OR CONDITIONS YOU MAY OR MAY NOT HAVE IN ANY OTHER AGREEMENT(S) IN WHICH YOU MAY HAVE WITH ALIBI MUSIC, LP. TO THE EXTENT THAT THERE IS A CONFLICT BETWEEN THESE TERMS AND CONDITIONS STATED HEREIN AND SAID AGREEMENT(S), THE TERMS IN SUCH AGREEMENT(S) SHALL GOVERN AND CONTROL.
IN THE EVENT THAT YOU COMMIT A BREACH OF THE TERMS AND CONDITIONS STATED HEREIN OR OTHERWISE VIOLATE ANY OR ALL APPLICABLE LAWS HERETO, ALIBI SHALL HAVE THE IRREVOCABLE RIGHT, WITHOUT LIMITING ANY OTHER RIGHTS OR REMEDIES ALIBI MAY HAVE, TO IMMEDIATELY SUSPEND AND/OR TERMINATE YOU USE OF THIS WEBSITE FORTHWITH.
1. Use of the Website
This website, www.alibimusiclibrary.com (”Site”), and all of its production music and/or its content (”Content”) are intended solely for the business purpose of registered users and prospective customers. Any purpose not related directly to such purpose is expressly prohibited. THE USE OF THE CONTENT ON THIS SITE IN ANY MANNER NOT SO EXPRESSLY GRANTED OR INTENDED HEREIN IS STRICTLY PROHIBITED. Any such unauthorized usage of the Site and/or the Content in any other manner not so expressly granted or intended herein, including but not limited to, the publication, reproduction, transmission, distribution or synchronization of any of the Content, until an agreement and/or license is entered into by you and Alibi, shall be deemed a violation of any and all applicable laws including, but not limited to, Copyright, trademark, Right of Publicity and Privacy laws, and all applicable communications regulations and statutes, whether in the United States or around the world, and may subject you to civil liability, criminal prosecution or both, under applicable Federal, state and/or local laws and/or applicable foreign laws, rules, regulations or treaties. For avoidance of doubt, the registering and creating of an account for the Site is NOT the applicable agreement and/or license needed to download and/or use the Content found on the Site.
You hereby represent and warrant that (a) you are 18 years old or older, or that you are 15 years old or older and have obtained your parent's and/or guardian's consent to use the Site in accordance with these Terms and Conditions; (b) if you are using the Site on behalf of a corporation or entity, you further represent and warrant that you are authorized to accept these Terms and Conditions on behalf of said corporation or entity, and such corporation or entity agrees to indemnify Alibi for any and all violations of these Terms and Conditions; (c) your use of the Site does not violate any applicable law(s), rule(s) and/or regulation(s), and you will not use nor encourage the use of the Site in any manner which would result in the violation of any applicable law(s), rule(s) and/or regulation(s); (d) in the event that you should raise any claim or action against any other user of the Site and/or customer of Alibi as a result of their use of the Site, then you shall raise such claim and/or action independently of Alibi; and that all registered information that you submit is truthful, accurate and correct, and you shall maintain and promptly update the accuracy of such information.
You acknowledge and agree that: (a) it is technically impossible to provide the Site free from faults and Alibi is not and does not undertake to do so; (b) faults may lead to the temporary unavailability of the Site; (c) the operation of the Site may be adversely affected by conditions outside of the control of Alibi, including but not limited to transmission and telecommunication links; and (d) the Site and information provided is on an ”as is” and ”as available” basis, and Alibi makes no representation or warranty, whether expressed or implied, in relation to the information on the Site, including but not limited to, the completeness, accuracy, satisfactory quality and fitness for a particular purpose, security and validity of the Site and content and, as such, you are assuming the entire risk as to the completeness, accuracy, quality, fitness for a particular purpose, security and validity of the Site and Content.
2. REGISTRATION
Only registered Alibi users can take full advantage of all the features and benefits offered by the Site and/or the licenses granted by Alibi through the Site. A registered user is an eligible individual that has registered for an Alibi account and remains in good standing. To become a registered Alibi user, you must provide certain information and agree to these Alibi Terms and Conditions, and the Alibi Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your Alibi username and password and for all activities that occur on or through your Alibi account. You agree to immediately notify Alibi or any unauthorized access to your Alibi account. However, if you allow others to access your Alibi account, these Terms and Conditions, and the terms of the Alibi Privacy Policy, as well as any specific consents you may have provided, also apply to their access, use, and disclosure of information and content. Alibi will not be responsible for any costs, fees and/or losses arising from the unauthorized use of your Alibi account.
3. SITE OWNERSHIP
Alibi owns, solely and exclusively, any and all right, title and interest in and to the Site and is the owner and/or controller of all Content contained on the Site, including, but not limited to, any and all copyrights, trademarks, trade names, trade dress, service marks, logos, musical compositions, sound recordings, lyrics, photographs, graphics, text and all other intellectual property, and shall remain fully vested in Alibi, and is protected by the copyright laws of the United States and all other intellectual property laws and treaties in the applicable territories. Alibi does not transfer ownership, title, right or interest in or to any portion of the Content to you, unless specifically stated otherwise in the applicable license by and between Alibi and you.
4. USAGE RULES
You are required to properly, truthfully and completely fill out a license application should you want to sync, transmit, or use in any way and in any manner, any Content provided by Alibi through the Site. The license granted in connection with any such use of Content shall govern and you shall be held to the terms and conditions as stated in said license. You do not need to be a registered user of the Site to stream the Content. You must be a registered user of the Site to download any content; all downloadable Content from the Site contains the metadata indicating Alibi as the owner and/or administrator for such Content. If you are not a registered user of the Site then, subject to these Terms and Conditions, Alibi grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to (a) stream the Content that is available to you from the Site; and (b) to use the Site.
The authorized right to stream and/or download the Content and/or the grant of a license of the Content is not an agreement for sale or assignment of any ownership rights in and to the Content. The purchase of a license to stream and/or download the Content does not create an ownership interest in the licensed Content.
Restrictions on Your Use of the Content. You may not and agree not to:
Circumvent or disable any content protection system or the digital rights management technology used with the Site;
Copy the Content (except as expressly permitted in the application license, if any, for use of the Content); or
Create derivative works of the Content.
Restrictions on Your Use of the Site. You may not and agree not to:
Damage, disable, overburden, impair or use the Site in any manner which would result in the Site, either in its entirety or partly, to be less efficient, effective, or effect the functionality of the Site in any way;
Bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Site, including, but not limited to, mechanisms that protect or limit use or access to the Site and the Content;
Submit, email, transmit or otherwise make available on, through or in connection with the Site, any material which contains a software virus, spyware, or other computer code, file or program, designed to interrupt, impair, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Use the Site or any third-party site in connection with the Site, to effectuate the transmission or posting or any content in an illegal manner, including, but not limited to, material which is defamatory, offensive, obscene, or which promotes the same.
Use the Site in any manner which would constitute the violation or infringement of the rights of any person, firm and/or entity, including, but not limited to, any and all intellectual property rights;
Move, decompile, reverse-engineer or disassemble from the Site;
Modify, including among other things, remove identification, copyright or other proprietary notices from the Content of the Site.
Access or use the Site in a manner that suggests an association with the Alibi Content, services or brands;
Create derivative works of the Site;
Bundle Content or use of the Site for redistribution with other products or services; or
Use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.
Unavailability. The Site may not be available: (a) during any maintenance or update periods, any power or server outages; (b) as a result of war, riots, strikes, social unrest; (c) as a result of other matters beyond the control of Alibi or third parties; or (d) for any other reason(s) as stated in these Terms and Conditions.
5. SUSPENSION AND TERMINATION
You agree that Alibi may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Site and your access to any Content if Alibi believes you are using or have used the Site and/or the Content in violation of these Terms and Conditions, the Alibi Privacy Policy, applicable license, or the applicable law or regulation in any manner other than for their intended purpose and in accordance with all guidelines and requirements applicable thereto. Without limiting the foregoing, Alibi may restrict or suspend your access to your Alibi account for cause which includes, but is not limited to: (a) requests from law enforcement or other government authorities; (b) unexpected technical issues or problems; or (c) if Alibi reasonably believes that your Alibi account has been created fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. In addition, you understand that Alibi may modify or cease providing all or a portion of any or all the Content at any time without notice. You agree that Alibi will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Alibi account or Content, unless such Content is guaranteed pursuant to an applicable license by and between Alibi and you.
ON TERMINATION OF YOUR ALIBI ACCOUNT, WHETHER TERMINATED BY YOU OR BY ALIBI, YOU WILL IMMEDIATELY LOSE THE RIGHT TO DOWNLOAD ANY AND ALL CONTENT THROUGH THE SITE AND WILL IMMEDIATELY LOSE THE RIGHT TO REQUEST A LICENSE FOR ANY CONTENT PROVIDED BY THE SITE.
6. THIRD-PARTY SERVICES AND CONTENT
The Site may integrate, be integrated into, or be provided in connection with third-party services and content. Alibi does not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access the Site using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google Inc., or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not bound by these Terms and Conditions. You agree that your access to the Site using these devices shall also be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
7. MOBILE NETWORKS
When you access the Site through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Site may be prohibited or restricted by your network provider and the Site may not work with your network provider or device.
8. NOTICES
Any notices Alibi delivers to you may be made as follows: (a) by email to the last email address provided by you, or (b) by posting a notice on the Site. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from Alibi. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that Alibi may take steps to verify the accuracy of the information you provide.
9. INDEMNITY
You hereby agree to indemnify, save and hold Alibi, Alibi's employees, directors, officers, representatives, successors, assigns, agents, attorneys, licensors, advertisers, suppliers, vendors, and operation service providers, free, safe and harmless of and from any and all claims, demands, liabilities, losses, and damages, including, but not limited to, incidental, special, punitive, compensatory and consequential damages and expenses (including attorneys fees and costs, whether incurred before or after the entry of judgment) arising out of or in connection with your: (a) use of the Site or any of the Content; (b) the unavailability of the Site or any of the Content; (c) your breach or alleged breach of these Terms and Conditions, or any representations or warranties contained herein; and (d) your misconduct and/or misuse of any of the Content included on the Site, or your violation of any other rights related hereto.
10. CHANGES TO TERMS AND CONDITIONS
Alibi hereby reserves the right to change any of these Terms and Conditions from time to time, in its sole discretion, and no waiver to any said change shall be effective unless the same is in writing and signed by Alibi. It is your responsibility to check these Terms and Conditions of the Site regularly to determine if there have been any change(s) and, in the event there has been, that such change(s) are acceptable. Your continued use of the Site after any and all change(s) shall be deemed your unconditional acceptance of any and all such change(s). If any such change(s) to these Terms and Conditions are not acceptable to you, you must immediately refrain from any further use of the Site and/or its Content. If and when any change(s) are made to these Terms and Conditions, the ”last updated” date will be updated as well, to reflect the date of the change(s).
11. DISCLAIMERS OF WARRANTY: LIABILITY LIMITATION
YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AND SITE ARE PROVIDED ”AS IS” AND WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ALIBI, ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDES (THE ”ALIBI PARTIES”) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, AS THEY MAY APPLY. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE ALIBI PARTIES DO NOT WARRANT THAT THE CONTENT AND THE SITE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE ALIBI PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT AND/OR THE SITE WILL MEET YOUR REQUIREMENTS. YOU, AND NOT THE ALIBI PARTIES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE ALIBI PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR, OR INABILITY TO USE THE CONTENT OR THE SITE, HOWEVER CAUSED, NOR SHALL THE ALIBI PARTIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CIRCUMSTANCES BEYOND ALIBI'S REASONABLE CONTROL. THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE ALIBI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE ALIBI PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE LICENSE.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER
You and Alibi agree to binding arbitration of any and all disputes between you and the Alibi Parties, except for disputes relating to the enforcement of the intellectual property rights of the Alibi Parties. ”Dispute” includes any dispute, action or other controversy between you and Alibi concerning the Site, the Content provided on the Site, and/or these Terms and Conditions, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Alibi empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of these terms and Conditions, including the arbitrability of any dispute and claim that all or any part of these Terms and Conditions are void or voidable.
In the event of a dispute, you or Alibi must send to the other part a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to 70 East Broad Street, Bethlehem, PA 18018. We will send any notice of dispute to you at the contact information we have for you. You and Alibi will attempt to resolve a dispute through informal negotiation within thirty (30) days from the date the notice of dispute is sent. After thirty (30) days, you or Alibi may commence such arbitration.
If you and Alibi do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision shall be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. UNLESS STATED OTHERWISE IN THESE TERMS AND CONDITIONS, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the ”AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by telephone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Alibi Parties will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either part acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in binding arbitration.
13. SEVERABILITY
If any provision of these Terms and Conditions shall be held void, voidable, invalid or inoperative, no other provision of these Terms and Conditions shall be affected as a result thereof and, accordingly, the remaining provisions of these Terms and Conditions shall remain in full force and effect as though such void, voidable, invalid or inoperative provision has not been contained herein.
14. WAIVER
No modification, amendment, waiver, termination or discharge of these Terms and Conditions or provisions hereof shall be binding upon Alibi unless confirmed by a written instrument and signed by Alibi. No waiver by Alibi of any of these Terms and Conditions or provisions hereof or of any default hereunder shall affect the respective rights of Alibi thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar.
15. CHOICE OF LAW
This Agreement has been entered into in the Commonwealth of Pennsylvania, and its validity, construction, interpretation and legal effect shall be governed solely by and under the laws of the Commonwealth of Pennsylvania, applicable to contracts entered into and performed entirely within the Commonwealth of Pennsylvania. You hereby consent to, shall be subject to, and shall submit to the jurisdiction of the Federal and state courts located in the County of Northampton, Commonwealth of Pennsylvania, which courts shall have sole and exclusive jurisdiction thereof. You hereby waive any and all other jurisdictions, without limitation.
16. SURVIVAL
The provisions of these Terms and Conditions which, by their nature should survive the termination of these Terms and Conditions, shall survive such termination.
17. CONTACT INFORMATION
You may contact Alibi at:
Name: Alibi Music Library
Address: 70 East Broad Street, Bethlehem, PA 18018
Email: admin@alibimusiclibrary.com
Telephone: 1-855-692-5424
These Terms and Conditions were last updated on February 1, 2020.
THESE TERMS AND CONDITIONS OF USE CONTAINED HEREIN SHALL GOVERN AND APPLY TO YOUR USE OF THE ALIBI MUSIC, LP d/b/a Alibi Music Library (”ALIBI”) WEBSITE. BY USING THE ALIBI WEBSITE, YOU EXPRESSLY ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOU MUST IMMEDIATELY REFRAIN FROM ANY USE OF THE ALIBI WEBSITE IF YOU HAVE ANY OBJECTION WHATSOEVER TO THESE TERMS AND CONDITIONS.
THE TERMS AND CONDITIONS OF USAGE CONTAINED HEREIN (THE ”TERMS AND CONDITIONS”) IN NO WAY AFFECTS, ALTERS AND/OR AMENDS ANY TERMS OR CONDITIONS YOU MAY OR MAY NOT HAVE IN ANY OTHER AGREEMENT(S) IN WHICH YOU MAY HAVE WITH ALIBI MUSIC, LP. TO THE EXTENT THAT THERE IS A CONFLICT BETWEEN THESE TERMS AND CONDITIONS STATED HEREIN AND SAID AGREEMENT(S), THE TERMS IN SUCH AGREEMENT(S) SHALL GOVERN AND CONTROL.
IN THE EVENT THAT YOU COMMIT A BREACH OF THE TERMS AND CONDITIONS STATED HEREIN OR OTHERWISE VIOLATE ANY OR ALL APPLICABLE LAWS HERETO, ALIBI SHALL HAVE THE IRREVOCABLE RIGHT, WITHOUT LIMITING ANY OTHER RIGHTS OR REMEDIES ALIBI MAY HAVE, TO IMMEDIATELY SUSPEND AND/OR TERMINATE YOU USE OF THIS WEBSITE FORTHWITH.
1. Use of the Website
This website, www.alibimusiclibrary.com (”Site”), and all of its production music and/or its content (”Content”) are intended solely for the business purpose of registered users and prospective customers. Any purpose not related directly to such purpose is expressly prohibited. THE USE OF THE CONTENT ON THIS SITE IN ANY MANNER NOT SO EXPRESSLY GRANTED OR INTENDED HEREIN IS STRICTLY PROHIBITED. Any such unauthorized usage of the Site and/or the Content in any other manner not so expressly granted or intended herein, including but not limited to, the publication, reproduction, transmission, distribution or synchronization of any of the Content, until an agreement and/or license is entered into by you and Alibi, shall be deemed a violation of any and all applicable laws including, but not limited to, Copyright, trademark, Right of Publicity and Privacy laws, and all applicable communications regulations and statutes, whether in the United States or around the world, and may subject you to civil liability, criminal prosecution or both, under applicable Federal, state and/or local laws and/or applicable foreign laws, rules, regulations or treaties. For avoidance of doubt, the registering and creating of an account for the Site is NOT the applicable agreement and/or license needed to download and/or use the Content found on the Site.
You hereby represent and warrant that (a) you are 18 years old or older, or that you are 15 years old or older and have obtained your parent's and/or guardian's consent to use the Site in accordance with these Terms and Conditions; (b) if you are using the Site on behalf of a corporation or entity, you further represent and warrant that you are authorized to accept these Terms and Conditions on behalf of said corporation or entity, and such corporation or entity agrees to indemnify Alibi for any and all violations of these Terms and Conditions; (c) your use of the Site does not violate any applicable law(s), rule(s) and/or regulation(s), and you will not use nor encourage the use of the Site in any manner which would result in the violation of any applicable law(s), rule(s) and/or regulation(s); (d) in the event that you should raise any claim or action against any other user of the Site and/or customer of Alibi as a result of their use of the Site, then you shall raise such claim and/or action independently of Alibi; and that all registered information that you submit is truthful, accurate and correct, and you shall maintain and promptly update the accuracy of such information.
You acknowledge and agree that: (a) it is technically impossible to provide the Site free from faults and Alibi is not and does not undertake to do so; (b) faults may lead to the temporary unavailability of the Site; (c) the operation of the Site may be adversely affected by conditions outside of the control of Alibi, including but not limited to transmission and telecommunication links; and (d) the Site and information provided is on an ”as is” and ”as available” basis, and Alibi makes no representation or warranty, whether expressed or implied, in relation to the information on the Site, including but not limited to, the completeness, accuracy, satisfactory quality and fitness for a particular purpose, security and validity of the Site and content and, as such, you are assuming the entire risk as to the completeness, accuracy, quality, fitness for a particular purpose, security and validity of the Site and Content.
2. REGISTRATION
Only registered Alibi users can take full advantage of all the features and benefits offered by the Site and/or the licenses granted by Alibi through the Site. A registered user is an eligible individual that has registered for an Alibi account and remains in good standing. To become a registered Alibi user, you must provide certain information and agree to these Alibi Terms and Conditions, and the Alibi Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your Alibi username and password and for all activities that occur on or through your Alibi account. You agree to immediately notify Alibi or any unauthorized access to your Alibi account. However, if you allow others to access your Alibi account, these Terms and Conditions, and the terms of the Alibi Privacy Policy, as well as any specific consents you may have provided, also apply to their access, use, and disclosure of information and content. Alibi will not be responsible for any costs, fees and/or losses arising from the unauthorized use of your Alibi account.
3. SITE OWNERSHIP
Alibi owns, solely and exclusively, any and all right, title and interest in and to the Site and is the owner and/or controller of all Content contained on the Site, including, but not limited to, any and all copyrights, trademarks, trade names, trade dress, service marks, logos, musical compositions, sound recordings, lyrics, photographs, graphics, text and all other intellectual property, and shall remain fully vested in Alibi, and is protected by the copyright laws of the United States and all other intellectual property laws and treaties in the applicable territories. Alibi does not transfer ownership, title, right or interest in or to any portion of the Content to you, unless specifically stated otherwise in the applicable license by and between Alibi and you.
4. USAGE RULES
You are required to properly, truthfully and completely fill out a license application should you want to sync, transmit, or use in any way and in any manner, any Content provided by Alibi through the Site. The license granted in connection with any such use of Content shall govern and you shall be held to the terms and conditions as stated in said license. You do not need to be a registered user of the Site to stream the Content. You must be a registered user of the Site to download any content; all downloadable Content from the Site contains the metadata indicating Alibi as the owner and/or administrator for such Content. If you are not a registered user of the Site then, subject to these Terms and Conditions, Alibi grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to (a) stream the Content that is available to you from the Site; and (b) to use the Site.
The authorized right to stream and/or download the Content and/or the grant of a license of the Content is not an agreement for sale or assignment of any ownership rights in and to the Content. The purchase of a license to stream and/or download the Content does not create an ownership interest in the licensed Content.
Restrictions on Your Use of the Content. You may not and agree not to:
Circumvent or disable any content protection system or the digital rights management technology used with the Site;
Copy the Content (except as expressly permitted in the application license, if any, for use of the Content); or
Create derivative works of the Content.
Restrictions on Your Use of the Site. You may not and agree not to:
Damage, disable, overburden, impair or use the Site in any manner which would result in the Site, either in its entirety or partly, to be less efficient, effective, or effect the functionality of the Site in any way;
Bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Site, including, but not limited to, mechanisms that protect or limit use or access to the Site and the Content;
Submit, email, transmit or otherwise make available on, through or in connection with the Site, any material which contains a software virus, spyware, or other computer code, file or program, designed to interrupt, impair, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
Use the Site or any third-party site in connection with the Site, to effectuate the transmission or posting or any content in an illegal manner, including, but not limited to, material which is defamatory, offensive, obscene, or which promotes the same.
Use the Site in any manner which would constitute the violation or infringement of the rights of any person, firm and/or entity, including, but not limited to, any and all intellectual property rights;
Move, decompile, reverse-engineer or disassemble from the Site;
Modify, including among other things, remove identification, copyright or other proprietary notices from the Content of the Site.
Access or use the Site in a manner that suggests an association with the Alibi Content, services or brands;
Create derivative works of the Site;
Bundle Content or use of the Site for redistribution with other products or services; or
Use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.
Unavailability. The Site may not be available: (a) during any maintenance or update periods, any power or server outages; (b) as a result of war, riots, strikes, social unrest; (c) as a result of other matters beyond the control of Alibi or third parties; or (d) for any other reason(s) as stated in these Terms and Conditions.
5. SUSPENSION AND TERMINATION
You agree that Alibi may, in its sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Site and your access to any Content if Alibi believes you are using or have used the Site and/or the Content in violation of these Terms and Conditions, the Alibi Privacy Policy, applicable license, or the applicable law or regulation in any manner other than for their intended purpose and in accordance with all guidelines and requirements applicable thereto. Without limiting the foregoing, Alibi may restrict or suspend your access to your Alibi account for cause which includes, but is not limited to: (a) requests from law enforcement or other government authorities; (b) unexpected technical issues or problems; or (c) if Alibi reasonably believes that your Alibi account has been created fraudulently, or anyone uses your account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. In addition, you understand that Alibi may modify or cease providing all or a portion of any or all the Content at any time without notice. You agree that Alibi will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Alibi account or Content, unless such Content is guaranteed pursuant to an applicable license by and between Alibi and you.
ON TERMINATION OF YOUR ALIBI ACCOUNT, WHETHER TERMINATED BY YOU OR BY ALIBI, YOU WILL IMMEDIATELY LOSE THE RIGHT TO DOWNLOAD ANY AND ALL CONTENT THROUGH THE SITE AND WILL IMMEDIATELY LOSE THE RIGHT TO REQUEST A LICENSE FOR ANY CONTENT PROVIDED BY THE SITE.
6. THIRD-PARTY SERVICES AND CONTENT
The Site may integrate, be integrated into, or be provided in connection with third-party services and content. Alibi does not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If you access the Site using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google Inc., or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not bound by these Terms and Conditions. You agree that your access to the Site using these devices shall also be subject to the usage terms set forth in the applicable third-party beneficiary's terms of service.
7. MOBILE NETWORKS
When you access the Site through a mobile network, your network or roaming provider's messaging, data and other rates and fees will apply. Downloading, installing or using the Site may be prohibited or restricted by your network provider and the Site may not work with your network provider or device.
8. NOTICES
Any notices Alibi delivers to you may be made as follows: (a) by email to the last email address provided by you, or (b) by posting a notice on the Site. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from Alibi. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password or other account information, or another person's name or likeness, or provide false details for a parent or guardian. You agree that Alibi may take steps to verify the accuracy of the information you provide.
9. INDEMNITY
You hereby agree to indemnify, save and hold Alibi, Alibi's employees, directors, officers, representatives, successors, assigns, agents, attorneys, licensors, advertisers, suppliers, vendors, and operation service providers, free, safe and harmless of and from any and all claims, demands, liabilities, losses, and damages, including, but not limited to, incidental, special, punitive, compensatory and consequential damages and expenses (including attorneys fees and costs, whether incurred before or after the entry of judgment) arising out of or in connection with your: (a) use of the Site or any of the Content; (b) the unavailability of the Site or any of the Content; (c) your breach or alleged breach of these Terms and Conditions, or any representations or warranties contained herein; and (d) your misconduct and/or misuse of any of the Content included on the Site, or your violation of any other rights related hereto.
10. CHANGES TO TERMS AND CONDITIONS
Alibi hereby reserves the right to change any of these Terms and Conditions from time to time, in its sole discretion, and no waiver to any said change shall be effective unless the same is in writing and signed by Alibi. It is your responsibility to check these Terms and Conditions of the Site regularly to determine if there have been any change(s) and, in the event there has been, that such change(s) are acceptable. Your continued use of the Site after any and all change(s) shall be deemed your unconditional acceptance of any and all such change(s). If any such change(s) to these Terms and Conditions are not acceptable to you, you must immediately refrain from any further use of the Site and/or its Content. If and when any change(s) are made to these Terms and Conditions, the ”last updated” date will be updated as well, to reflect the date of the change(s).
11. DISCLAIMERS OF WARRANTY: LIABILITY LIMITATION
YOU ACKNOWLEDGE AND AGREE TO THE ESSENTIAL CONDITION THAT THE CONTENT AND SITE ARE PROVIDED ”AS IS” AND WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ALIBI, ITS AFFILIATES, LICENSORS, AGENTS AND SERVICE PROVIDES (THE ”ALIBI PARTIES”) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, SATISFACTORY QUALITY AND NONINFRINGEMENT, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, AS THEY MAY APPLY. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE ALIBI PARTIES DO NOT WARRANT THAT THE CONTENT AND THE SITE WILL BE WITHOUT ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE ALIBI PARTIES DO NOT WARRANT OR OTHERWISE STATE THAT THE CONTENT AND/OR THE SITE WILL MEET YOUR REQUIREMENTS. YOU, AND NOT THE ALIBI PARTIES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OCCASIONED BY USE OF THE CONTENT AND THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE ALIBI PARTIES BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR, OR INABILITY TO USE THE CONTENT OR THE SITE, HOWEVER CAUSED, NOR SHALL THE ALIBI PARTIES BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CIRCUMSTANCES BEYOND ALIBI'S REASONABLE CONTROL. THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY UNDER ANY LEGAL THEORY (TORT, CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE) AND EVEN IF THE ALIBI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE ALIBI PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE LICENSE.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER
You and Alibi agree to binding arbitration of any and all disputes between you and the Alibi Parties, except for disputes relating to the enforcement of the intellectual property rights of the Alibi Parties. ”Dispute” includes any dispute, action or other controversy between you and Alibi concerning the Site, the Content provided on the Site, and/or these Terms and Conditions, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Alibi empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of these terms and Conditions, including the arbitrability of any dispute and claim that all or any part of these Terms and Conditions are void or voidable.
In the event of a dispute, you or Alibi must send to the other part a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to 70 East Broad Street, Bethlehem, PA 18018. We will send any notice of dispute to you at the contact information we have for you. You and Alibi will attempt to resolve a dispute through informal negotiation within thirty (30) days from the date the notice of dispute is sent. After thirty (30) days, you or Alibi may commence such arbitration.
If you and Alibi do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision shall be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. UNLESS STATED OTHERWISE IN THESE TERMS AND CONDITIONS, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the ”AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by telephone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor the Alibi Parties will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either part acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in binding arbitration.
13. SEVERABILITY
If any provision of these Terms and Conditions shall be held void, voidable, invalid or inoperative, no other provision of these Terms and Conditions shall be affected as a result thereof and, accordingly, the remaining provisions of these Terms and Conditions shall remain in full force and effect as though such void, voidable, invalid or inoperative provision has not been contained herein.
14. WAIVER
No modification, amendment, waiver, termination or discharge of these Terms and Conditions or provisions hereof shall be binding upon Alibi unless confirmed by a written instrument and signed by Alibi. No waiver by Alibi of any of these Terms and Conditions or provisions hereof or of any default hereunder shall affect the respective rights of Alibi thereafter to enforce such term or provision or to exercise any right or remedy in the event of any other default, whether or not similar.
15. CHOICE OF LAW
This Agreement has been entered into in the Commonwealth of Pennsylvania, and its validity, construction, interpretation and legal effect shall be governed solely by and under the laws of the Commonwealth of Pennsylvania, applicable to contracts entered into and performed entirely within the Commonwealth of Pennsylvania. You hereby consent to, shall be subject to, and shall submit to the jurisdiction of the Federal and state courts located in the County of Northampton, Commonwealth of Pennsylvania, which courts shall have sole and exclusive jurisdiction thereof. You hereby waive any and all other jurisdictions, without limitation.
16. SURVIVAL
The provisions of these Terms and Conditions which, by their nature should survive the termination of these Terms and Conditions, shall survive such termination.
17. CONTACT INFORMATION
You may contact Alibi at:
Name: Alibi Music Library
Address: 70 East Broad Street, Bethlehem, PA 18018
Email: admin@alibimusiclibrary.com
Telephone: 1-855-692-5424
These Terms and Conditions were last updated on February 1, 2020.