(a) The Site and the Services may be used and accessed only for lawful purposes. You agree to comply with all applicable local, state, national, and foreign laws, treaties, and regulations in relation to your use of the Site and the Services, including but not limited to applicable common law, all relevant statutes, and rules and regulations. of the Office of Foreign Assets Control of the United States Department of the Treasury. Furthermore, without limitation, you agree that you will not do any of the following while using or accessing the Site and the Services:
- Disable, hack, circumvent, or interfere with the security-related features of the Site or features that prevent or restrict the use or copying of any Company content or material;
- Use any metadata, meta tag, or other hidden text that uses a Fivesound name, trademark, URL, or product name;
- Upload, send, post, email or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
- Falsify any TCP / IP packet header or any portion of the header information in any post or otherwise use the Site or Services to send altered, misleading or false source identification information;
- Upload, post, post, email or otherwise transmit, through the Site or the Services, any Recording or other material that, in the Company’s sole discretion, is illegal, harmful, threatening, obscene, harassing, defamatory or hateful or containing objects or symbols of hatred, invade the privacy of others, contain nudity (including, without limitation, any type of pornography, erotic, child pornography or child erotic), are deceptive, threatening, abusive, incite illegal actions , defamatory, libelous, vulgar. or violent or constitute hate speech or are otherwise objectionable;
- Destroy, interfere with, or disrupt, or attempt to interfere with or disrupt, any web page available on the Site, servers or networks connected to the Site, or the technical delivery systems of the Company’s providers, or break any network requirements, procedures, policies, or regulations . connected to the Site;
- Attempt to scan, probe, or test the vulnerability of any Company system or network or violate, damage, or circumvent any security or authentication measures that protect and provide security for the Site or the Services;
- Attempt to decompile, disassemble, decrypt, or reverse engineer any software used to provide the Site or the Services;
- Attempt to search, metasearch, or access the Site with any engine, software, tool, agent, device, or mechanism other than software and / or search agents provided by the Company or other generally available third-party web browsers (for example, Internet Explorer, Firefox, Safari), including but not limited to any software that sends inquiries to the Site to determine how a website or web page is classified;
- Collect or store personal data about other users of the Site or Services without their express and explicit permission;
- Misrepresent or impersonate your affiliation with any person or entity, under pretext or some other form of social engineering or otherwise commit fraud;
- Use the Site or the Services in any way not permitted by the Terms of Service; or
- Instruct or encourage any other person to do the above or to breach and / or violate any of the Terms of Service.
(b)The Company does not guarantee the exploitation of the Recordings, which will depend on the consumer’s preference, nor on the inclusion or participation of a specific Consumer Store. The Company reserves the right, in its sole discretion, to refuse to do business with any Consumer Store. Unless specifically stated in the Terms of Service, the Company will have no obligations to you.
(c) The Company will not be considered in breach of the Terms of Service unless you have notified the Company of the breach and the Company has not remedied such breach within thirty (30) days of receipt of such notice. In no event will any breach give you the right to terminate the rights granted hereunder.
(d) In no event shall the Company, its officers, directors, employees or agents be liable to you for any damages, including but not limited to indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use. of the Site, the Services, the Company’s products or any Company content, regardless of whether the damages are foreseeable and whether or not the Company has been informed of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will the Company’s total liability to you exceed one hundred dollars ($ 100).
(e) The Terms of Service will be governed by and construed in accordance with the laws of the State of New York, excluding all laws related to conflict of laws. Any legal action or proceeding arising under the Terms of Service shall be brought exclusively in the courts located in the state and county of New York, and the parties hereby give their irrevocable consent to personal jurisdiction and venue therein. . The parties to this agreement waive their respective rights to a jury trial. In the event that any provision of the Terms of Service is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. Failure by one of the parties to enforce any right or provision of the Terms of Service will not be considered a waiver of such right or provision. You may not assign the Terms of Service (by law enforcement or otherwise) without the Company’s prior written consent and any prohibited assignment will be null and void. The Company may assign the Terms of Service or any right or obligation hereunder without your consent. The relationship of the parties under the Terms of Service is that of independent contractors and the Terms of Service shall not be construed to mean that either party is the agent, employee, or joint venture of the other. You agree that the Terms of Service and the rules, restrictions and policies contained in this document, and the application thereof by the Company, are not intended to confer or grant any rights or remedies to anyone other than you. and the Company. The Terms of Service, together with the Company’s rules and policies, constitute the entire agreement between the Company and you with respect to the subject matter hereof. Any notice or other communication provided below will be made in writing and delivered (i) by the Company via email (in each case to your registered email address), (ii) a posting on the Site, or ( iii) by you via Email to Support@fivesound.es or to any other address that the Company may specify in writing. The date of receipt will be considered the date on which said notification is transmitted.
(g) It is your responsibility to deliver all the necessary information, metadata, songs, graphic files or any other information or music in the required format. You acknowledge that the Company will not be obligated to provide its services below until you receive such materials.
(h) In very limited circumstances, the Company may allow you to modify the standard wholesale price that you will receive from the sales of some of your Recordings by a Consumer Store (“Price Variance”), such circumstances will be determined by the Company in its sole discretion. criterion. . In addition and in accordance with the provisions of Section 11 (d) above, in no event will the Company, its officers, directors, employees or agents be liable to you for any claim you may have in relation to any error that occurs in the implementation of said Price Variation, which is not solely and completely caused by the Company’s negligence or error.
(i) You authorize the Company to make and make clips of your Recordings of up to ninety (90) seconds in duration through free transmission or download (the “Clips”) to promote the band, the artist and / or the Sale of the Recordings. corresponding. To the extent that you own or control the publishing rights of the musical compositions incorporated in your Recordings used in the Clips (the “Compositions”), you authorize the Company to make and make clips of your Compositions of up to ninety (90) seconds duration. via streaming or free download to promote the band, the artist and / or the sale of the corresponding recordings. Such clips may be created by the Company or any third party affiliated with the Company using ninety (90) consecutive seconds of the corresponding Recordings.
(j) The Company reserves the right, in its sole discretion, to refuse to provide its services to you or any customer for any or no reason.
(k)If a consumer store rejects an AV master because it does not meet that store’s editorial or technical specifications, you must pay a reshipping fee before resubmitting the master. In case you cannot or do not want to correct errors or quality problems to resend the audiovisual master, there will be no refund of previously paid fees. Fees paid for the initial presentation and any new presentation are not refundable under any circumstances.