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Terms of Service

Effective Date: January 1, 2022

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.”

WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT ON A GOING-FORWARD BASIS AT ANY TIME, IN OUR SOLE DISCRETION. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. When changes are made, we will make a new copy of the Terms of Use Agreement available on the Platform, or otherwise posted through the Services, and any new Supplemental Terms will be made available from within, or through, the affected Service, on the Platform. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. Any changes to the Agreement will be effective immediately for new users of the Platform and/ or Service and will be effective on the stated Effective Date on the applicable notice for existing Users. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Platform and/or the Service. Otherwise, your continued use of the Platform and/or Service constitutes your acceptance of such change(s).
You must be at least 18 years old to use the Platform or Service. By accessing or using the Platform or Service or otherwise agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Services.

The Service

The Service offers a Platform designed to provide you with resources to engage in artistic creation and collaboration. The Platform and Service (“Sonic Properties”) are owned and operated by us and all visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, trademarks displayed therein, copyrights and all other elements of the Service provided by us are our protected and proprietary intellectual property. All materials included in the Service are the property of Sonic Murals or its third-party licensors. Except as expressly authorized by Sonic Murals, you may not use any of the Sonic Properties. We reserve all rights to the Sonic Properties not granted expressly in these Terms.
We authorize you, subject to this Agreement, to access and use the Sonic Properties solely for the use of the services we provide, at our discretion solely for your own personal or internal business purposes. Any other use is expressly prohibited.
Each User must create an account (“Account”) by providing a valid email address, username, password and other information as prompted by the registration form. When registering, you are prohibited from selecting or using as a username: (i) a name of another person with the intent to impersonate that person; (ii) a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar or obscene. For example, you may not register using the name of a musical artist, unless you have the rights to such name. We reserve the right to reject any username or to terminate your username and give such username to another user of the Service in our sole discretion, and without any liability to you. You represent and warrant that (i) the information you provide to us upon registration and at all other times will be accurate, current and complete and (ii) you will maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sonic Murals has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Sonic Murals has the right to suspend or terminate your Account and refuse any and all current or future use of Service (or any portion thereof). You agree not to create an Account or use the Service if you have been previously removed by Sonic Murals, or if you have been previously banned from any of the Service.
Each User may use the Platform or Service as a content creator (a “Creator”) or as a content consumer (a “Consumer”). Both Creators and Consumers are “Users” pursuant to this Agreement and subject to all the terms and conditions hereof.
1. Creators shall submit works (“Sonic Murals Sounds”) to Sonic Murals for use on the Platform or through the Service. Each Creator represents and warrants that all Sonic Murals Sounds submitted to Sonic Murals are the Creator’s original work product and that the Creator has the rights to grant the licenses it is granting hereunder to Sonic Murals with respect to such Sonic Murals Sounds. Each Creator hereby grants to Sonic Murals a royalty-free, perpetual, irrevocable, worldwide, 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 any Sonic Murals Sounds such Creator submits through the Platform. All of the rights Creators grant to Sonic Murals under this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of third party sites will not have any separate liability to you or any other third party for any Sonic Murals Sounds made available on third party sites. Creators shall enter into supplemental payment term agreements with Sonic Murals (the “Supplemental Creator Payment Terms”) which terms shall set forth the rate, timing and procedure for Sonic Murals’ payment obligations to any Creator for Sonic Murals Sounds that such Creator submits through the Platform.
2. Any Sonic Murals Sounds accessed by a Consumer through the Platform or Service are sub-licensed, not sold, to you.
3. You may sign up for a membership to the Platform (a “Membership”), pursuant to which Sonic Murals may grant you one of the following packaged licenses to use packages of Sonic Murals Sounds as set forth in the following license arrangements:
  1. Standard Package, which grants a license to a select group of Sonic Murals Sounds pursuant to the license set forth here.
  2. Premium Package, which grants a license to a select group of Sonic Murals Sounds pursuant to the license set forth here.

Exclusive Package, which grants a license to a select group of Sonic Murals Sounds pursuant to the license set forth here.

Custom Package, which grants a license to a select group of Sonic Murals Sounds pursuant to the custom license, substantially in the form set forth here.

Any Sonic Murals Sounds may also be accessed by a Consumer on a file by file basis if the Consumer does not have a Membership. To access Sonic Murals Sounds without a Membership, a Consumer may select a Sonic Murals Sound and the particular license arrangement that the Consumer desires with respect to the applicable Sonic Murals Sound and sign the Standard, Premium, Exclusive or Custom license agreement, as applicable, with respect to that particular Sonic Murals Sound.

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:

harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
uses technology or other means to access content or systems of Sonic Murals in a manner that is not authorized by Sonic Murals;
uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Sonic Murals;
attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
attempts to gain unauthorized access to Sonic Murals’ computer network or user accounts;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
violates these Terms or any other Sonic Murals policies;
attempts to damage, disable, overburden, or impair Sonic Murals servers or networks;
fails to comply with applicable third-party terms; or
constitutes any other inappropriate conduct, as determined by us in our sole discretion.

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.