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General
These Terms of Use (“Terms”) constitute an agreement between you (“you” or the “user”) and Sonic Murals, Inc. and its affiliates or assigns (collectively, “Sonic Murals,” “we,” “us” or “our”). By accessing our online platforms (the “Platform”) through which services may be provided (the “Service”), you signify that you have read, understand, and agree to be bound by these Terms.
Your use of, and participation in Service may be subject to additional terms, (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. Without limiting the foregoing, certain materials, tools, or components of the Service made available through the Service (including add-ons and plug-ins) may be subject to license terms and conditions that are different from those set forth herein (which shall also be deemed “Supplemental Terms”). Any such terms and conditions will be identified for such materials on the Service, and by downloading any materials, you agree to be bound by and comply with such terms and conditions.
If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the applicable Service for which the Supplemental Terms have been provided. The Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.”
The Service
Notwithstanding anything to the contrary, Users may not (a) use or sublicense the Sonic Murals Sounds in isolation as sound effects, loops, or as source material for any other form of sample (even if you modify the Sonic Murals Sounds), (b) use or sublicense Sonic Murals Sounds in a manner competitive to Sonic Murals or its licensors, (c), sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer all of the Sonic Murals Sounds to a third party except as incorporated into a new production; or (d) redistribute the Sonic Murals Sounds in new sample packs. Additionally, for clarity, you may not use the name, image, or likeness of the artist associated with a Sonic Murals Sound in any way without that artist’s express written permission
User Content
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, videos, messages, tags and/or other materials accessible through the Platform, including the Service, is the sole responsibility of the Party from whom such content originated (“Content”). You, not Sonic Murals, are responsible for all Content you, including any sounds, samples, recordings, tracks, materials, or other content you upload to the Platform (“User Content”). Subject to the license granted to Sonic Murals herein, you or a third-party licensor, as appropriate, retain all intellectual property rights to your User Content. Sonic Murals does not claim ownership of User Content. You are responsible for protecting any of your rights in User Content and Sonic Murals need not enforce a violation of these Terms by another User as it pertains to your User Content, although we reserve the right to terminate the rights of such Users to use the Platform.
When you as a user post or publish User Content on or in the Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You grant Sonic Murals a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your User Content (in whole or in part) for the purposes of operating and providing Sonic Murals’ Services to you and to our other users.
Please remember that other users may search for, see, use, modify and reproduce any of your User Content that you submit to any “public” area of the Platform. You agree that you, not Sonic Murals, are responsible for all User Content that you make available on the Platform.
Use of Information and Materials
The information and materials contained on the Platform, and these Terms, policies, and descriptions on the Platform, are subject to change. You accept sole responsibility for all of your activities using the Platform. Your use of the Platform is limited to the intended function of the Platform. Unauthorized use of the Platform and systems, including but not limited to unauthorized entry into Sonic Murals’ systems or misuse of any information posted on the Platform, is strictly prohibited. You may not use the Platform in a manner that:
Interactions with Other Users.
We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content. You accept that any reliance on material posted by other Users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service, including Users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release us of all claims, demands, and damages in disputes among you and other Users of the Service and will not involve us in such disputes. Use caution and common sense when using the Service and dealing with other Users.
System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Platform or communicating with Sonic Murals through the Internet, or other electronic wireless services, as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Sonic Murals’, can experience unanticipated outages or slowdowns or have capacity limitations. Sonic Murals is not responsible for failure or delay of performance caused by such problems.
Security
Sonic Murals makes no warranty whatsoever to you, express or implied, regarding the security of the Platform, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Platform. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Sonic Murals is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Platform by using the contact information in the “Contact Us” section below.
To protect the security of your information, Sonic Murals may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Platform.
Links to Other Websites and Services
The Platform may contain links to outside services and resources, the availability and content of which Sonic Murals does not control. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. Sonic Murals does not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.
Severability/No Waiver
If any provision of these Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Sonic Murals’ failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any product or service will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THE PLATFORM, OR FROM YOUR USE OF OR INABILITY TO USE THIS PLATFORM; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Disclaimers
THE PLATFORM IS PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SONIC MURALS MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE. SONIC MURALS UNDERTAKES NO OBLIGATION TO UPDATE THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONIC MURALS, OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY REGARDING THE PLATFORM NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE PLATFORM AND ITS CONTENT AND DATA MAY BE PROVIDED BY SONIC MURALS FROM TIME TO TIME WITHIN THE PLATFORM.
WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE PLATFORM, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
Indemnification
You will defend, indemnify, and hold us harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to your conduct with respect to the Platform or violation (or alleged violation) of these Terms. Under no circumstance will Sonic Murals be liable for damages of any kind that result from your use of, or the inability to use, the Platform.
Termination
We may terminate or suspend your access to the Platform, delete your profile and any content or information or prohibit you from using or accessing the Platform (or any portion, aspect or feature of the Platform) if you violate these Terms, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Platform. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms.
Legal Disputes
YOU AND SONIC MURALS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Sonic Murals arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”), will be settled by binding arbitration.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days advanced written notice of its intent to file for arbitration. Sonic Murals will provide such notice by either email to your e-mail address on file with Sonic Murals or by mail to your mailing address on file with Sonic Murals and you must provide such notice to Sonic Murals by email to support@sonicmurals.com.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Sonic Murals and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Sonic Murals, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
Sonic Murals and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Sonic Murals nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 and, where otherwise applicable, by the laws of the State of Delaware.
Unless you and Sonic Murals agree otherwise, in the event that it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for Delaware, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for Delaware for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Delaware and you submit to the personal jurisdiction of that court.
Miscellaneous Provisions
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Sonic Murals’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.
Sonic Murals may assign its rights and duties under these Terms to any party at any time without notice to you.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force.
Contact Us
If you have any questions regarding the Platform, please feel free to send us an email at support@sonicmurals.com.
