The following Terms and Conditions of Use, together with our Privacy Policy, govern your access to and use of the MaaS: Storefront, the website audiosocket.com and any other online features, products or services offered by Audiosocket (collectively, “the Service”). The MaaS: Storefront and audosocket.com are owned and operated by Leopona, Inc. (“Audiosocket”, “we”, and “us”). The Service is offered subject to your acceptance, without modification, of these terms and conditions and the Privacy Policy (collectively, the “Agreement”). By accessing or using any part of the Service, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you must not access or use the Service.
Last Updated
06-08-2019
Authority To Enter Into This Agreement
You represent and warrant that you have all necessary rights, power and authority to enter into this Agreement.
Age
You represent and warrant that you are 13 years of age or older. If you are under the age of 13, you must not use the Service.
Modification of Terms
Audiosocket may modify these Terms and Conditions of Use from time to time. If we revise these Terms and Conditions of Use, those changes will appear on this page and the “Last Updated” line at the top of the policy will be updated. Your continued use of the Service after any change in these Terms and Conditions of Use will constitute your acceptance of such change. Audiosocket may also, in the future, offer new services and features through the Service (including, the release of new tools and resources). Such new features and services will be subject to this Agreement. If you do not agree with the modified terms, you must cease use of the Service and notify Audiosocket that you are doing so because of the modification of the terms.
You Are Responsible For Your Conduct
With respect to the Service, you are fully and solely responsible for (a) any activity that occurs under your screen name, password or account, including any violation of this Agreement, (b) your own conduct and your interactions with other users of the Service, and (c) any content, material or information that you upload, create, post, display, publish, e-mail, communicate, transmit or otherwise make available, or which you transmit to other Users (collectively, “User Content”).
Account
You are responsible for maintaining the security of your account, and you are fully responsible for all actions taken in connection with it. You must not use your account in a misleading or unlawful manner. Audiosocket will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, deactivate, or terminate your account or your use of the Service at any time, and you may likewise terminate your account at any time. You agree to keep your password secure and confidential and not to disclose it to anyone and will not permit any third party to access your account.
Payments, Taxes, and Refund Policy
You will provide a credit card for all payments under this account (your “Payment Method”). You agree that you will pay for all content you license through Audiosocket and that Audiosocket may charge your Payment Method for the correct price of any content purchased or content downloaded and used without a proper license, including content used outside of the terms of service or license agreement, for any additional amounts (including any taxes and infringement fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING AUDIOSOCKET WITH A VALID PAYMENT METHOD AND UPDATES AS REQUIRED FOR PAYMENT OF ALL FEES.
In the event that content is used outside of The Terms of Service, or the license agreement, Audiosocket will contact you 15 days prior to charging your Payment Method for any payments due related to the misuse of content purchased or downloaded and used outside of the terms of the service or license agreement obtained. You will have 15 days to dispute the additional payment, at which time Audiosocket will provide a decision of any additional payments due.
Subscriptions
We offer part of the Services on a subscription-basis (“Subscription”). For the applicable length of your Subscription, either some or all of the Audiosocket music library will be available to you for your licensing.
All tracks that you license during your Subscription are: (i) for single use only (meaning that you’ll need separate licenses if you wish to use a single track in multiple and separate audiovisual works); and (ii) subject to the licensing terms in your end user license agreement. In addition, the specific audiovisual work that the track will be incorporated with must be identified at the time you license the track.
All tracks licensed with a Subscription are licensed for a perpetual term, so once you’ve licensed a track and incorporated the track into an audiovisual work, that track is licensed for forever use (subject to your compliance with the license agreement) in that audiovisual work without additional sync fees.
When you purchase a Subscription, you expressly agree that your Subscription will automatically renew for the applicable length of your Subscription until either you or Audiosocket cancels your Subscription. By way of example, if you buy a 1-year Subscription, your Subscription will automatically renew for another 1-year period.
Paying for Subscriptions:
The Subscription fee displayed at the time of purchase (“Subscription Fee”) will be charged to your Payment Method. You may either pay the entire Subscription Fee upfront or pay the Subscription Fee in monthly installments. If you choose to pay the Subscription Fee in monthly installments, we will charge your Payment Method each month on the calendar day corresponding to the day that you started the Subscription.
You are responsible for paying the full Subscription Fee for your Subscription. If you fail to pay for any part of your Subscription Fee, then Audiosocket will terminate your Subscription and reserves the right to terminate your Audiosocket account. In addition: (i) all licenses that you obtain as part of your Subscription will terminate; (ii) you will be in violation of these Terms and Conditions of Use; and (iii) you may be subject to Audiosocket’s standard license fees.
Canceling Subscriptions:
To stop automatic renewal of your Subscription, you must cancel your Subscription within 30 days before it automatically renews for another year. You may cancel your Subscription at any time by managing your Subscription settings in your account. However, if you are paying for your Subscription Fee in monthly installments as described above, we will continue to charge your Payment Method on a monthly basis until the full Subscription Fee has been paid.
All sales are final
Prices for products offered may change at any time, and Audiosocket does not provide price protection or refunds in the event of a price reduction or promotional offering. In addition, all payments for Subscription Fees are final. No refunds will be given except in Audiosocket’s sole and absolute discretion.
Unauthorized Conduct
You agree that you will not engage in any illegal or prohibited conduct by using the Service, including but not limited to not violating any and all applicable local, state, national and international laws, rules and regulations.
You agree that damages for breach of these Terms of Service or any Audiosocket License are difficult to calculate because of the negative impacts on our goodwill and reputation in the marketplace and with our Artists and therefore, you and we agree to fix as liquidated damages for breach of this License, and not as a penalty, an amount equal to $25,000 USD, plus our reasonable attorneys’ fees and costs, which you and we agree represent damages actually sustained by us for your breach. These liquidated damages are meant to be and are cumulative of, and in addition to our other remedies and you agree they are a reasonable measure of the harm that would be suffered by Audiosocket.
You Are Responsible for User Content
You are solely responsible for the content of, and any harm resulting from, User Content. Audiosocket is not responsible for User Content’s use or effects. By operating the Service, Audiosocket does not represent or imply that it endorses User Content posted on the Service, or that it believes such User Content to be accurate or non-harmful. Under no circumstances will Audiosocket be liable in any way for any User Content, including any errors or omissions in any User Content or any loss or damage of any kind incurred as a result of the use of any User Content made available through the Service. By making User Content available, you represent and warrant that:
- the downloading, copying and use of the User Content will not infringe the proprietary rights of any third-party, including copyright, patent, trademark or trade secret rights, or violate any applicable local, state, national, or international law or any regulations having the force of law;
- the User Content is not spam, and does not contain unethical or unwanted commercial content or further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the User Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable; does not violate the privacy or publicity rights of any third-party; and the User Content does not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- the User Content does not disrupt the Service, or servers or networks connected thereto or violate any requirements, procedures, policies, or regulations of networks connected to the Service.
License Of User Content To Audiosocket
By displaying or publishing (“uploading”) any User Content on or through the Service, you hereby grant to Audiosocket a non-exclusive, perpetual, world-wide, fully-paid and royalty-free limited license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such User Content (in whole or in part) or prepare derivative works. You represent and warrant that you have sufficient ownership rights to grant this license.
User Content Removal
You can remove your User Content at any time by deleting your account. Deletion of your account will not terminate any licenses for User Content granted by you prior to deletion of your account. You acknowledge that Audiosocket does not pre-screen all User Content on this Site, but that Audiosocket may, in its sole discretion, pre-screen, refuse, remove, monitor or remove any specific User Content or portion thereof that is available via the Service. Without limiting any of those representations or warranties, Audiosocket has the right, but not the obligation, in its sole discretion, to refuse or remove any User Content.
Forums and Public Communication
For your convenience and enjoyment, we may offer discussion boards and other forums (“Forum(s)”) where you can connect with other users of the Service, comment upon content and otherwise submit User Content. You agree that all User Content is the sole responsibility of the individual or entity from whom such User Content originated. This means that individual users (and not Audiosocket) are entirely responsible for all User Content that you submit via the Forum or elsewhere on the Site.
Third-Party Materials
Some materials or information accessible through the Service may be provided by third parties such as other users of the Service or advertisers. These materials may include, without limitation, advertisements for third-party or user-provided products or services. You may have opportunities on or through the Service to purchase certain products and/or services directly from such third parties. You are solely responsible for any and all consequences of your activities, transactions and relationships that you may conduct or form with other users of the Service or other third parties. You make any purchases from such third parties at your own risk. You acknowledge and agree that Audiosocket does not recommend or endorse any third-party websites or services and has no responsibility or liability for your purchases and/or transactions.
Connecting to Third-Party Websites
Audiosocket offers you the possibility to connect your accounts from websites and social platforms, with the Service by an application programming interface (API) or other software. By allowing Audiosocket to connect with your accounts on such websites, you consent to Audiosocket accessing the information in those accounts, which may include personally identifiable information (as to which you represent you have the rights to provide access to Audiosocket). You likewise consent to Audiosocket publishing on the Service any such information or actions you take on other such applications or websites. Any information accessed or published from your account on another website or application on the Service is considered User Content, and is subject to this Agreement. It is your choice whether to use any such third-party application or website, and you understand that in some instances applications may request to access and publish information about you or your friends that is included in your Audiosocket account. You are responsible for reviewing the terms of use and privacy policy of any application or website before using it, since the terms of use for those website and applications may differ from ours, and they may use and share information in ways Audiosocket does not.
Copyright Policy
In operating the Service, we may act as an online services provider (as defined by the Digital Millennium Copyright Act, “DMCA”) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Service. Audiosocket has adopted a policy that provides for the prompt removal of any content or the suspension of any user that is found to have infringed on the rights of Audiosocket or of a third-party, or who has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. Without limiting the foregoing, if you believe that your work has been posted without your authorization on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service or its websites; (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Audiosocket’s Copyright Agent for notice of claims of copyright infringement can be reached at storefront@audiosocket.com.
Proprietary Rights In Audiosocket’s And Third-Party Content And Technology
All of the content featured or displayed via the Service, including without limitation text, graphics, photographs, images, moving images, sounds, and illustrations (“Content”), is owned by Audiosocket, its licensors, vendors, agents, and/or its Content Providers. You acknowledge the Service contains copyrighted material, trademarks, and other proprietary information of Audiosocket and its licensors and you agree that all right, title and interest to the Service and the Contents therein remains with Audiosocket or third parties, as applicable. This Agreement does not transfer from Audiosocket to you any Audiosocket or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Audiosocket.