Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms and Conditions”) govern your use of this web Website (the “Website”), as provided by DL Sounds. (“Company,” “We” or “Us”). By using this Website, you (“You”) and other users of the Website (collectively, “Users”) are deemed to have agreed to these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not access or otherwise use the Website. You should check these Terms and Conditions periodically for modifications. By using the Website following any modifications to the Terms and Conditions, You agree to be bound by any such modifications.
Any inquiries concerning these should be directed to [email protected]
Purpose of the Website
The Website provides information and samples of music and sound that can be licensed from the representative companies, right owners and right administrators for professional production uses. The Website provides opportunities to licensees to report music usage.
Modifications to the Website
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty.
You warrant and agree that You shall not: (a) impersonate or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit the Website or any information or other material obtained through or derived from the Website for commercial purposes (other than as expressly permitted by Company or by the provider of such information or other material); (c) engage in spamming, spoofing or flooding; (d) attempt to gain unauthorized access to the Website or other computer systems through the Website; or (e) harvest, collect or store information about the Users or content of this Website. You understand that the technical processing and transmission of the Website may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Company assumes no responsibility for the transmission, deletion or failure to store information submitted by You or other Users to Company. In addition, You acknowledge that You will not rely on any content created or provided by Company on the Website or otherwise.
As between You and Company, including our affiliates, Company is the owner and/or authorized User of any Source Audio trademark, registered trademark and/or Source Audio service mark appearing on the Website, and is not the copyright owner or licensee of the music content and/or on the Website, unless otherwise indicated. Except as otherwise provided herein, use of the Website does not grant You a license to any content, features or materials you may access on the Website. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Company. You may, however, print one (1) copy of the information on the Website solely for your records. If You make other use of the Website, except as otherwise provided above, You may violate copyright and other laws of the Netherlands, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any User of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Website.
You acknowledge and agree that you will have no right to utilize the music and sound licensed to You from the Website (“Company”), music representatives, right owners or rights administrators until you execute a license agreement provided to you by Company, music representatives, rights owners or rights administrators and fulfill all payment and other obligations as set forth therein.
User’s Grant of Limited License
Company does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You through Company’s mail and email addresses, or in any other way. Any information or material submitted or sent to Company will be deemed not to be confidential or secret. By submitting or sending information or other material to Company You represent and warrant that the information is original to You and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that You submit or otherwise communicate to the Website, may be used by us in any manner.
We use current industry-standard technology and security procedures to maintain the confidentiality and accuracy of the information you provide to us and to prevent against its loss or misuse. Although no data transmission over the Internet can be guaranteed to be 100% secure, and although we will exercise great care to provide a secure transmission, we cannot guarantee that the personal information you submit to us will be free from unauthorized third party intrusion. You therefore understand and agree that all information You submit to Us or post on the Website is done so at your own risk.
You may be able to link to third party web Websites (“Linked Websites”) from the Website. Linked Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products, information or use of User information or other materials of any such Linked Websites, or any additional links contained therein. These links do not imply Company’ endorsement of or association with the Linked Websites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Websites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Websites, and any content contained thereon. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Websites or the information or material accessed through these Linked Websites. You should direct any concerns to that Website’s administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links to different Users.
You acknowledge and agree that in connection with your use of the Website, You must: (a) provide for your own access to the World Wide Web and pay any service fees (if any) associated with such access; and (b) provide all equipment necessary for You to make such connection to the World Wide Web, including, if applicable, a computer, software, a modem and a working telephone line. Company shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Website.
Consent to Processing
By providing any personal information to the Website, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Your Acceptance of these Terms
By using the Website, you signify your assent to these Terms and Conditions. If you do not agree to this policy, please do not use the Website. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of the Website following the posting of changes to these terms means you accept these changes.
Failure to Comply with Terms and Conditions and Termination
You acknowledge and agree that we may deny You access to all or part of the Website without prior notice if You engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of Company or are otherwise inappropriate for continued access.
You agree to defend, indemnify and hold Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials on or through the Website by You.
You agree that the laws of the Netherlands, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your use of the Website resides in the courts of California and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of California, in connection with any such dispute and including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate the Website from our offices in the Netherlands. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website 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.
Any inquiries concerning these Terms and Conditions of use should be directed to [email protected]
Subscription and paypment
With Company subscription plans you will be billed in advance on a recurring, periodic basis. Company subscriptions will automatically renew at the end of each billing cycle until you cancel your subscription through your Paypal account management page. You may cancel your subscription at any time, in which case your Subscription will terminate immediately. However, there will be no refunds for partial months remaining on your Subscription or upgrade/downgrade refunds.
© 2009 Company. All Rights Reserved. The materials herein, including text, art, audio, graphics, and photography, are protected by the copyright laws of the Netherlands and the laws of countries who are signatories to international copyright treaties and may not be used or duplicated without prior written permission from Company, music representative, rights owners or rights administrator. Unauthorized use or duplication of materials herein may subject the user to civil or criminal liability.
Music may not be publicly copied or re-recorded for any purpose without a license from Company, music representative, rights owners or rights administrators. Failure to obtain the license is a violation of Federal Copyright Laws. Company Library warrants that it has the right to grant this synchronization license which is given and accepted upon payment thereof without any other warranty or recourse. Company Library reserves all rights not granted herein. Our total liability is limited to the applicable fee paid.
All music compositions and recordings in the production music catalogs are protected by the Copyright Law. Written permission (license) for any use must be obtained from Company, music representative, rights owners or rights administrator. Unauthorized use in any form constitutes a violation of the Copyright Law, which provides for certain penalties.
A valid license with Company, music representative, rights owners or rights administrator grants you the right to both the recording (master) and the composition (musical copyright) more commonly referred to as the synchronization right. Synchronization is the right to affix music with visual images or other audio signals and to mechanically reproduce the copyrighted music in soundtracks and copies of soundtracks.
Performing rights licenses are usually the responsibility of the user. In the case of broadcast, (radio, TV, cable, satellite, etc.) it is the responsibility of the broadcaster. Company herein expressly states that it does not maintain, nor is it expected to maintain, a public performance license with any of the end-user broadcaster or transmitters of the content or material conveyed in this Agreement. Virtually all broadcasters have negotiated licenses for these rights with major performing rights organization in the United States, ASCAP and/or BMI, SESAC. Outside the USA, a license must be obtained from the authorized performance rights society in your territory or from the agent for Company.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES, OR CONTENT OR SERVICES CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE WEBSITE. COMPANY IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES WITHOUT THE DIRECT INVOLVEMENT OF Company.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, EVEN IF Company OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
COMPANY REPRESENTS AND WARRANTS THAT IT (I) HAS THE FULL AUTHORITY TO ACT ON BEHALF OF ANY AND ALL OWNERS OF ANY RIGHT, TITLE AND INTEREST IN AND TO ANY CONTENT, DIGITAL MASTERS, ARTWORK AND METADATA REPRESENTED HEREUNDER, (II) IT HAS FULL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO FULLY PERFORM ITS OBLIGATIONS HEREUNDER, AND HAS OBTAINED ALL THIRD-PARTY CONSENTS, LICENSES AND PERMISSIONS NECESSARY TO ENTER INTO AND FULLY PERFORM ITS OBLIGATIONS HEREIN, AND (III) THAT COMPANY CAN ONLY CONVEY AND WARRANT THE RIGHTS AND INTERESTS, AS OWNED AND CONVEYED BY THE UNDERLYING RIGHTS OWNERS.