*** IMPORTANT ***
Terms and Conditions
We reserve the right, in our sole discretion, to modify these Terms and any
Service fees, at any time, effective upon the date we post a new set of Terms
on the Service site. Your continued use of the Service constitutes your
binding acceptance of these Terms, including any changes or modifications
that we may make. If any part of these Terms or any future changes to these
Terms are not acceptable to you, you may cancel your Service by contacting us
through our support form.
We also reserve the right, in our sole discretion, to restrict, suspend or
terminate your access to all or to any part of the Service at any time for
any reason without prior notice or liability. We may change, suspend or discontinue
all or any aspect of the Service at any time, including the availability of any
Service feature, database, or content, without prior notice or liability.
We reserve the right to remove any material that you submit to the Service for
any reason without prior notice to you and without liability to us. Our goal is to
ensure timely processing services; however, we do not guarantee that your submission
will be processed within the expected timeframe. We will not have any liability to you
as a result of service outages that are caused by our maintenance on the servers or
the technology that underlies the Service, failures of our service providers (including
telecommunications, hosting and power providers) computer viruses, natural disasters
or other destruction or damage of our facilities, an act of God, war, civil disturbance
or other cause beyond our reasonable control.
By submitting material to the Service, you represent and warrant that:
We, our customers and licensees shall not be required to make any payments with respect
to material that you submit to our sites, including, but not limited to, payments to you,
third parties, music publishers, mechanical rights agents, performance rights societies,
persons who contributed to or appear in your materials, your licensors, unions or guilds;
You have full right and power to enter into and perform under these Terms, and have
secured all third-party consents, licenses and permissions necessary to enter into and
perform under these Terms,
The material that you submit to our sites does not contain "samples" of any third party's
sound recording or musical composition and will not infringe on any third party's copyright,
patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy
or moral rights;
The material that you submit is not and will not violate any law, statute, ordinance or regulation;
The material that you submit is not and will not be defamatory, trade libelous, pornographic
or obscene, and You are at least eighteen years of age. By submitting sound recordings or musical
compositions or other audio and/or audio-visual content to us, you grant us, our affiliates, and
our business partners a worldwide, royalty-free, nonexclusive license to:p
- publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit,
manufacture, distribute and synchronize with visual images your material, in whole or in part,
alone or in compilation with content provided by third parties, through any medium now known or
hereafter devised for the purpose of demonstrating, promoting or distributing your material, to
users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote
database accessible by users;
- Make your material accessible as audio streams,
- Use any trademarks, service marks or trade names incorporated into your material and use the
likeness of any individual whose performance or image is contained in your material.
Protect your password and subscription
You agree to provide true, accurate, current and complete information about yourself as requested
in the Service's registration process and to update your information. You may not reveal your
subscription password to anyone else and you may not use anyone else's password. You are
responsible for maintaining the confidentiality of your subscription account and password.
Unauthorized access to the Service is a breach of these Terms and a violation of the law.
Requests for removal of listings
If you believe that material you own has been copied and made accessible in a manner that
violates your intellectual property rights, please notify us immediately. We will consider such
Third party sites and content
This Service contains links to other Internet sites that our business partners and other
third parties own or operate. Your use of each of those sites is subject to the terms and conditions,
if any, that each of those sites have posted. We have no control over third party sites and we are
not responsible for any changes to or content on them. Our inclusion of any material in the Service's
search database or a link on our sites is not an endorsement of that material or link or the companies
that own or operate the material or linked sites.
Your conduct on the Service
In addition to our Site, certain material that you submit may, in our sole discretion, also become
available to certain partners around the world. If we discover that you have manipulated the data or
statistics for certain materials, we reserve the right to remove the product from our site and any of
our Affiliates. The content on the Service is intended for your personal, noncommercial use. All
materials published on the Service, including, but not limited to, photographs, graphics, images,
illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform
display or in any way exploit any of the materials or content or the service in whole or part.
If the Service contains bulletin board services, chat areas, news groups, forums, communities and/or
message or communication facilities (collectively, the "Forums"), you agree to use any Forum only to send
and receive messages and material that are proper and related to that particular Forum. Without limiting
the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise
violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(iii) upload files that contain viruses, corrupted files, or any other similar software or programs that
may damage the operation of another person's computer; (iv) advertise or offer to sell any goods or
services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain
letters; (vi) download any file posted by another user of a forum that you know or reasonably should know,
cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using
and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any
time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is
obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we
reserve the right, without prior notice to you, to automatically change your username, delete your posts
from the Forums, deny you access to the Forums, or any combination of these options. If you continue to
choose usernames that we find objectionable, we reserve the right to permanently terminate your access to
the Forums, the Service or both.
You will not use the Service for illegal purposes. Use of the Service is subject to existing laws and
legal process, and nothing contained herein shall limit our right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Service or information provided to
or gathered by us with respect to such use.
Legal Policies and Notices
You hereby agree to indemnify, defend and hold the Service, and all of our officers, directors, owners,
agents, information providers, affiliates and licensors (collectively, the "Parties") harmless from and
against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any
Party in connection with any claim arising out of (1) any use or alleged use of your account or password
by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit
to the Service, including, but not limited to, claims for defamation, violation of rights of publicity
and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the
content, quality, or performance of materials that you submit to the Service. We reserve the right, at our
own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with our defense of such claim.
The listing, or absence of listing, of any document in the Service's search database does not imply any
warranty or guarantee by us, for any companies, products, or services described in such documents. We
disclaim any and all responsibility or liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or material displayed in the Service's search
results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery
of any information or material. We disclaim any responsibility for any harm resulting from downloading or
accessing any information or material on the World Wide Web or Internet using search results from the Service.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE
DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS
OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE RESERVE THE RIGHT TO TERMINATE THE SERVICE AT ANY TIME WITHOUT NOTICE.
Any controversy or claim arising out of or relating to these Terms or our sites will be settled by binding
arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in
San Francisco, California, and judgment on the arbitration award may be entered in any court having
jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent
jurisdiction in San Francisco, California necessary to protect the rights or property of you or the Party
(or its agents, suppliers, and subcontractors) pending the completion of arbitration.
These Terms constitute the entire agreement between you and the Parties with respect to the Service, and
supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid
or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original provision
and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties
or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may
not apply to you. In such states, our liability and that of our third party content providers and their
respective agents shall be limited to the greatest extent permitted by law.