User Agreement and privacy policy

Last updated on: 2011-09-19 Download as pdf

About the agreement

This Agreement contains the complete and entire understanding and agreement between you and the owner of this website ("Licensor") and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by Licensor at any time and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor. Any amendments will become effective 30 days after being posted on the Internet, unless circumstances require that a change be immediately implemented. As a condition for this license you agree to periodically check this license Agreement and terms of use.

The latest version of this User Agreement can always be found at www.theaudiomarket.com/legal.php

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CONTENT AND SERVICE PROVIDED BY LICENSOR. BY ACCESSING THE CONTENT OR USING THE SERVICE YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE CONTENT AND SERVICE PROVIDED BY LICENSOR.

Grant

Licensor hereby grants to you, and you accept, a nonexclusive, nontransferable right to use the content and service only as authorized in this User Agreement.

Prohibited Acts

Except as authorized in this Agreement, no copies of this website or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, except for what is explicitly given permission in this License Agreement. You agree that you will not alter, publish, copy, modify or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized.

Using this system, you are not allowed to sell audio to other users, or upload it as part of your portfolio, if you are not, or not representing, the legal owner of that audio. It is your responsibility to make sure that the copyright of the audio you are selling belongs to you and is an exclusive, transferable worldwide license. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.

Licensor reserves the right to deny access to any person or to terminate this agreement for any reason if Licensor reasonably believes that the service is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor.

Licensor's Rights

You acknowledge and agree that the content, except for the user produced audio, is a proprietary product of Licensor, protected under the copyright law.

Selling and uploading audio

The copyright of all audio content CREATED and submitted, uploaded, attached or some how made available by you, that have not been transferred to another user of this service, belongs to you, the creator of the content. Licensor has no legal claim on uploaded content. By submitting audio content in a proposal, as a response to an assignment offering financial reimbursement or not, you agree to TRANSFER ALL COPYRIGHT for the attached audio, which can be one or more physical files, IF and ONCE another other user of this service accepts your proposal.

Buying audio or accepting free proposals

You have the right to preview, by streaming or downloading, audio attached as part of a proposal submitted to an assignment created by you. Until you accept a proposal, the copyright of the attached audio remains with the user who submitted the proposal. By accepting a proposal submitted for an assignment created by you, offering financial reimbursement or not, all copyrights for the attached audio, which can be one or several files, are exclusively and fully transferred to you. The audio files are then yours to copy, distribute, use, alter, sell or do with what you want as long as they are not used for activities that are illegal in your country.

Privacy Policy

By using this service, you agree to the collection and use of your information by Licensor in accordance with this Privacy Policy. Licensor reserves the right to change the terms of this Privacy Policy at any time without notice. Your continued use of the Website following any changes to this Privacy Policy will constitute your acceptance of such changes. This policy do not cover services provided by any third party components you may come in contact with on or via this website, such as Paypal, Facebook, AddThis etc.

Public information about you

The information you provide as part of you public profile, portfolio, assignments, messages posted to assignments and any ratings and scores given by other users will be openly shared with other users of the service, registered or not. Licensor might use this information in order to further promote this service and because of the structure of the open Internet and the search engines content crawling Licensor cannot be held responsible for where this information might be made available.

Private information about you

Except for the information you submit as part of your signup or for your account settings, Licensor will not store, nor collect, any personal information other than mentioned in this policy. The personal information you submit as part of your signup or for your account settings will not be shared with nor sold to any third party, with the exception of Paypal which will receive the e-mail address you have chosen for your payments.

Licensor makes use of Google analytics to drive traffic and increase customer satisfaction. The privacy policy of Google analytics can at the time of writing be found here.

If you give feedback or report bugs via the website Licensor may collect information about your browser and operating system with the sole purpose of increasing the speed of identifying and providing solutions to technical issues posted.

Sensitive data and payments

In order to buy or sell audio using this service you will have to interact with Paypal. All sensitive data regarding payments, such as credit card numbers or billing address etc, are stored and processed securely by Paypal. The service provided by Licensor will only store non personal, non critical data needed to complete the transaction.

A copy of Paypal’s privacy policy can at the time of writing be found here.

Sensitive information not related to a financial transaction, such as your password for using the service, is always submitted via a secure encrypted (SSL) connection and never stored anywhere as unencrypted text.

No Warranty

THIS IS A SYSTEM IN BETA TESTING STAGE. That means that the likelihood of functionality failing due to bugs in the software, running either on the server or in the web browser, is higher than that of a fully production ready system. During the beta stage the software will be regularly updated, which renders server communication impossible for 10-30 seconds on average, some times more. Sessions are kept during updates so if server communication fails you should stay on the page and wait a while before you try again. Licensor will try to keep system down-time to a minimum but is giving NO GUARANTEES whatsoever for the up-time or proper functioning of this service. This includes, but is not limited to, loss or corruption of uploaded audio or other content before, during or after the purchase or sale.

THE CONTENT AND SERVICE IS OFFERED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LICENSOR DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO

(A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,

(B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,

(D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR

(E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.

Limitation of Liability

LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE OR ITS CONTENT. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ANY FEES PAID TO USE THIS WEB SITE.

Governing Law

You expressly agree that this License Agreement shall be governed by, and construed in accordance with, the laws of jurisdiction in which Licensor resides, to the exclusion of any other applicable body of governing law. This Agreement is entered into in that jurisdiction and not any other jurisdiction.