Terms of use

YOU MUST READ THE ENTIRE TERMS OF USE TO FULLY UNDERSTAND WHAT YOU ARE AGREEING TO WITH REGARDS TO ACCESSING THIS WEB SITE. PLEASE KNOW THAT IF YOU ARE INTERESTED IN OUR SERVICES OR PRODUCTS BEYOND THE SCOPE OF STREAMING SERVICES, A SEPARATE AGREEMENT IS REQUIRED. YOU REPRESENT AND WARRANT TO US THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT.

1. ACCEPTANCE OF THE TERMS OF USE.

Welcome to audiomachine.com (“Website”). By accessing this Website, you affirm your agreement to abide by the terms, conditions, notices, disclaimers, and other provisions, found herein and throughout the Website, which may be updated from time to time without notice (collectively referred to hereinafter as the “Terms of Use”). You accept that this is a legally binding electronic contract and you agree to periodically check for, and be bound by, any future modifications to the Terms of Use. The Terms of Use constitute a binding contract between you (“User”, “you”, “your”), and audiomachine, its representatives, designees, licensees, and assigns (“we”, “us”, or “our”), regarding your use of the Website. If you do not agree with the Terms of Use, you may not access the Website or use any of its information, and you must immediately exit.

2. AGE REQUIREMENTS.

This Website is intended for individuals of legal age. If you are under the age of eighteen (18) years (or whatever is the age of majority in your State), then you must immediately exit the Website. By registering with this Website, you represent that you are of legal age to form a binding contract. Our Website is intended for adults. It is not for minors and we continuously use our best efforts to avoid violating any applicable laws and regulations regarding minors, including compliance with the Children's Online Privacy Protection Act (COPPA).

3. ADDITIONAL USE REQUIRES A LICENSE

The purpose of our online streaming service is to allow prospective licensees to have limited access to our music and evaluate such for licensing purposes. In order to use any part of the music beyond the scope of our online streaming service as it is designated on the Website and in these Terms of Use, for any purpose whatsoever, you must secure a separate and appropriate license. Unless, and until, such separate license is executed by you and us, you are not authorized to use any of the Content (defined below) in any manner whatsoever not expressly granted herein, or not so intended, including, without limitation, third party streaming, synchronization and/or distribution of our music.

4. REGISTRATION AND USE INFORMATION.

a. Account Security. When you register with this Website or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information. If we issue you a username and/or password, you may not reveal it to anyone else. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You may not sell, assign or otherwise transfer your user account, or any account rights, to any other person or entity. You agree to: (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others, including family members, are not able to view or record your username, password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

b. Non-commercial Use by Users. The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not register as a user and should not use the Website for any purpose. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Web site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.

5. WEB SITE INTELLECTUAL PROPERTY.

a. Our Content. This Website contains a combination of our proprietary information, and our intellectual property. We hereby own and reserve all rights in, our proprietary information and our intellectual property, including but not limited to all text, sound recordings, musical compositions, lyrics, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks within all territories of the universe in perpetuity. Hereinafter, “Content” shall mean the foregoing as well as any content owned by a third party the we control. You may not reproduce, distribute, display, modify, publish, transmit, perform, sell or otherwise use the Content whatsoever without our, or the applicable owner’s, prior express written consent.

b. Limited License. We hereby grant you a fully revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Content solely as part of the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by us, in the manner permitted by these Terms of Use. We reserve any rights not specifically granted herein.

6. REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us: (a) that you have the full power and authority to enter into and perform under these Terms of Use, (b) your use of our Website will not infringe on the intellectual property rights, right of publicity or any other legal right of any third party, and (c) you will comply with all applicable laws in using our Website and in engaging in all other activities arising from, relating to or connected with these Terms of Use.

7. DISCLAIMER AND LIMITATIONS ON DAMAGES.

a. Disclaimers. WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS WEB SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEB SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, INTEGRITY, QUALITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE, WHETHER PROVIDED BY US, A USER, OR ANOTHER THIRD PARTY. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEB SITE. WE MAKE NO WARRANTY THAT THIS WEB SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ANY HARMFUL COMPONENTS OR DESTRUCTIVE FILES.

b. Limitations on Damages. IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING LOST SAVINGS OR PROFIT, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS FEES) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY AMOUNT EXCEEDING THE PRICE THAT YOU MAY HAVE PAID TO US FOR ACCESS TO THE WEB SITE, AND IN NO EVENT SHALL THAT AMOUNT BE GREATER THAN $100.00.

8. INDEMNITY.

You agree to indemnify, defend and hold us harmless and each of our respective partners, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.

9. MISCELLANEOUS PROVISIONS.

a. Violation of Terms. You agree that if you violate the Terms of Use that your registration may be cancelled and we shall have no further obligation to you.

b. Access Fees. You understand that you are solely responsible for any fees or charges incurred to access this Website through an Internet service provider.

c. No Access Where Prohibited By Law. This Website may not be used where prohibited by law.

d. Foreign Access. We operate this Website from our offices located in the United States. If you visit the Website from another country, please be aware that information you provide to us, or that we obtain as a result of your use of the Website, may be processed in and transferred to the United States and will be subject to U.S. law. U.S. privacy and data protection laws may not be equivalent to the laws in your country of residence. By using the Website, or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States. You also assume sole responsibility for compliance with all local laws.

e. Reservation of Rights. We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Website, including the availability of any portion of any content at any time, to anyone for any reason without notice or liability. If we request that you no longer use the Website then you agree to immediately cease from accessing, or attempting to access, your account.

f. Advertisements. You understand that our Website may include advertisements.

g. Communication With Us. All communications with us should be e-mailed to: info@audiomachine.com. We will use our best effort to read and respond to your e-mail in a reasonable time.

h. Prohibited Activities. Unauthorized access to the Website is a breach of these Terms of Use and a violation of the law. You agree not to decompile, reverse engineer or disassemble any music, software or other products or processes accessible through this Website, not to insert any code or product or manipulate any Content in any way, and not to use any data mining, robots, scripts, spiders, trojan horse, or any data gathering or extraction method in connection with your use of this Website.

10. GENERAL LEGAL PROVISIONS.

a. Governing Law. These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

b. Waiver and Severability. Our failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

c. Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

d. Entire Agreement. These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and us and govern your use of the Website, superseding any prior agreements that you may have with us.