Privacy Policy:
The website sounds-control.com is owned and operated by Sounds Control L.L.C. [Hereinafter“we”, “us”, “website”] with official address at 1544 Irving Street , Rahway NJ 07083.
The present music agreement governs the relationship between Sounds Control and the user (hereinafter you, they, owner, licensor) in relation to the sale, distribution, downloading, licensing, transfer or leasing of the content provided by you to us. The scope of the present agreement shall apply to this website, mobile application (if any) developed by Sounds Control for its services, services of our affiliate entities including joint ventures, subsidiaries, parent and sister companies and any other related corporate entity.
The present agreement is reflection of understanding of our relationship with you in relation to the management of the content provided by you. It shall supersede any previous or other such understanding. The standard language of the agreement is English and in case of a conflict between human readable form and machine readable form, the human readable form shall prevail.
KINDLY GO THROUGH THIS MUSIC AGREEMENT CAREFULLY BEFORE USING OUR SERVICES. BY USING OUR SERVICES OR CLICKING “I AGREE” OR “ACCEPT”, YOU EXPRESSLY AGREE TO ALL THE TERMS AND OBLIGATIONS UNDER THIS AGREEMENT. IF YOU DO NOT AGREE WITH US, PLEASE EXIT RIGHT NOW WITHOUT USING OUR WEBSITE ANY FURTHER.
We reserve and retain the absolute right to alter/amend/change or modify these terms and related documents, in whole or in parts, without any prior notice or intimation to you. It is recommended that you keep checking the same for updated policies though we will try to notify the changes on the home page.
Definition
Net Receiptsshall be understood to mean all monies actually received by Sounds Control directly attributable to the sale, license or exploitation of the Originals hereunder less any and all bona-fide costs and fees incurred in connection therewith, including but not limited to encoding fees, transaction processing fees, applicable sales taxes, public performance, and union scale fees, if applicable.
Website shall refer to sounds-control.com and all the extensions, services, mobile or tablet applications and root applications thereof.
Youshall refer to the owner who shall transfer the rights under this agreement.
Scope of Services and Content management
a. Sounds Control, under this agreement, obtains the right to distribute, license, and sell certain master recordings [Hereinafter “Originals”], melodies, and the underlying musical compositions embodied therein submitted by you to via the Internet in a variety of formats on the website sounds-control.com. We may also distribute or perform similar actions via other third party Internet vendors or platforms not owned, controlled or managed by us.
b. We also reserve the absolute right to grant licenses for the use and exploitation of the originals, including but not limited to, in connection with film, television productions, advertisements, and other audiovisual content.
c. We shall be the exclusive distributor for the originals and your exploitation of rights shall be on a non-exclusive basis. You shall be limited in your exercise of distribution of originals for vendors and third party online retailers not covered or provided by us.
d. Sounds Control offers two kinds of service plans for every album.
1. Premium Plan: The first plan is for the albums having more than two originals which shall be distributed from Sounds Control.
2. Intro Plan: The second plan will cover the distribution of albums through Sounds Control when the number of originals is not more than two.
e. The fees which you will pay for the plan opted for, shall not be refundable unless we terminate the service unilaterally without any notice or reason for doing so.
f. The plans opted for, cannot be changed after payment. Plan once selected shall be valid for the term given along with the plan. However, we allow users to override or add services and options to the existing plan.
g. If you fail to make payment for an existing plan, your plan shall be changed to default and continue to be on website unless you serve notice of termination upon us under this agreement.
Term
The agreement shall have a term of ne (1) year from the Effective Date and will automatically renew for additional one (1) year periods, until terminated in writing by either party ninety (90) days prior to the end of the then current period.
Territory
The territory of this Agreement will be agreed to by the parties on a per album basis.
Grant of Rights
The owner or the licensee shall grant Sounds Control, without any limitation and subject to third party rights as provided under any document available on sounds-control.com, the non-exclusive right: a.
i. To digitally sell, transfer, transmit, allocate, assign, rent, lease, distribute, advertise, publicly perform, and broadcast the Originals throughout the Territory, in all forms of digital or electronically transmitted media now known or hereafter devised;
ii. To transmit, distribute, license, and exploit the Originals via digital downloads and Internet transmission to end beneficiaries.
iii. To transmit, stream or broadcast the Originals, wholly or partially, on a gratis basis for purposes of inducing users to download or save the Originals. Owner agrees that to the extent that the Owner controls or administers rights in any underlying musical composition embodied in the Originals, no royalties or payments shall accrue or be payable with respect to any such gratis Preview Clip stream.
For clarification purposes, the preview or introductoryclip may be made available on the Site or any Third Party Site in such a manner so as to allow end beneficiaries to listen to the Preview Clip but not download/catch or save the Preview Clip for offline use;
iv. To employ, exploit and use in the defined territory the approved name, likeness, profile and biography of each artist whose performance is embodied in the Originals and the approved and provided album artwork, lyrics and liner notes relating to the Originals in connection with the advertising, distribution channels, publicizing or sale of Originals in all configurations, modes and retails provided that all materials provided by Owner to Sounds Control shall be deemed approved expressly for purposes hereof; and
v. If Owner opts in for licensing services, to license and cause others to license the use, exploitation, and performance of the Originals, including, without limitation, the synchronization of the Originals in connection with, but not limited to motion pictures, television programs, advertisements, commercials and video games, and to collect all revenue/income related to any exploitation of the Originals licensed by Sounds Control.
b. Sounds Control shall assure and warrant that it shall not edit, remix, re-sequence or otherwise alter any Master delivered by Owner to Sounds Control in any manner, except as otherwise provided herein.
c. All rights not expressly or explicitlyestablished forSounds Control herein are expressly and irrevocably reserved for the Owner.
d. For the clarification purposes and without limiting the rights granted by Owner to Sounds Control herein, it is understood and agreed that Sounds Control shall be authorized to directly engage in the digital distribution of the Originals including but not limited to the Website and make the Originals available for digital distribution through Third Party Retailers approved by Owner.
e. At no point of time, the Owner shall grant and have granted any right or privilege to any third partywhich is inconsistent with any provision under this agreement or with any right granted toSounds Control.
Revenue
The owner shall be paid in accordance with the payment schedule given below for all the rights transferred to Sounds Control by the owner, subject to absolute performance of the agreement, terms and privacy policy by the Owner.
For albums or songs distributed via the “Freemium”Package:
a. 20[l] percent of Net Receipts originating from the sale and exploitation of the Originals via all essential stores as listed on the Site (excluding YouTube which shall be governed with the YouTube Agreement); and
| Service | Fee | Additional Notes |
| Full Album | $0 | 80 Minute Run Time |
| Single | $0 | |
| Ringtone | $0 | |
| Commission on Revenues | 20% | |
| Take Down fee | $200 |
For albums or singles distributed via the Premium Package:
A. 9[l] percent of Net Receiptsoriginating from the sale and exploitation of the Originals via all so-called “Digital Stores,” as listed on the Site (excluding YouTube); and
| Service | Fee | Additional Notes |
| Full Album | $40 | 80 Minute Run Time |
| Single | $9.95 | |
| Ringtone | $9.95 | |
| Commission on Revenues | 9% | |
| Take Down fee | $200 |
Accounting and Payments
The payment to the owner or licensor shall be made monthly on approximate basis. The mode of payment shall be PayPal and the owner is required to submit his PayPal details with us in order to accept payments. The payments shall appear in the paypal account of the owner within seven working days. All payments shall be made in the original currencies where the usage occurred.
The accounts and financial transactions shall be verified by an accounting or auditing firm appointed mutually by the parties. The findings and assertions shall be binding on the parties.
Representations and Warranties
You represent and warrant that
a. You are over 18 years of age, or the required legal age in your jurisdiction to form a binding contract, and if you are under 18 years of age, a guardian or your parents have reviewed this agreement on your behalf.
b. You agree that you are making an informed choice and at no point of time you were coerced, influenced or undue pressurized to give your consent to this agreement.
c. You warrant that you were given or you had access to adequate legal advice and the agreement is not biased, tilted or drafted in favour of Sounds Control.
d. The owner warrants that he has the rights, authority, approvals and permissions required to enter into this agreement and perform all the obligations upon him under this agreement.
e. The Owner shall bear the sole responsibility for all the payments of any third party pertaining to royalties or other payments that may become due as a result of Sounds Control exercise of its rights hereunder which may include but is not limited to any performing rights organizations, co-writers, producers, performers, and third party royalty participants;
f. The owner warrants that all the rights over intellectual property transferred to Sounds Control under this agreement are free from any infringement claim or are not subject to any contractual or proprietary right of any third party. The owner warrants that any performance of this agreement by the Sounds Control will not violate any intellectual property right of any third party.
Sounds Controlwarrants and assures that it has absolute authority and legal right to enter to enter into this Agreement, to perform all of its obligations hereunder and to discharge all the warranties given herein.
Indemnification
Each party agrees to compensate, protect, indemnify, defend, and hold the other, including each party’s directors, officers, shareholders, agents, and employees and, in the case of Sounds Control, its licensees, affiliates, associates, group companies, subsidiaries, Third Party Retailers, sub-distributors, and assigns, harmless from and against all third party claims and resulting damages, liabilities, losses, costs and expenses, including, without limitation, reasonable attorneys’ fees and court costs, arising out of or connected with any breach or alleged breach by such party of any warranty, representation or agreement made herein or pertaining to any act, error, or omission committed by such party or any person or entity acting on such party’s behalf or under such party’s direction or control. Sounds Control shall have the right to withhold payment of any and all moneys due to Owner hereunder in reasonable amounts related to such claim or action pending the disposition thereof.
Limitation of Liability
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO OWNER’S INDEMNIFICATION REQUIREMENTS, _____________’S PAYMENT RESPONSIBILITIES AND BREACHES OF CONFIDENTIALITY UNDER THIS AGREEMENT,
(I) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, REMOTE, ACCIDENTAL, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR PENALTIES INCLUDING, BUT NOT LIMITED TO, LOSSES OF BUSINESS, REVENUE OR ANTICIPATED, FUTURE OR POTENTIAL PROFITS;
(II) NOTWITHSTANDING ANYTHING DISAGREEING CONTAINED HEREIN, Sounds Control'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF MONEY PAID BY Sounds Control TO OWNER IN THE ONE (1) YEAR PERIOD PRIOR TO THE BREACH OR ALLEGED BREACH BY Sounds Control OF THIS AGREEMENT GIVING RISE TO SUCH LIABILITY.
(III) THE LIMITATIONS OF LIABILITY SET FORTH HERE WILL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WHETHER OR NOT THE PARTIES WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT EACH PARTY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
Entire Agreement
This Agreement shall constitute the entire understanding and agreement between the Parties related to its scope, and shall supersede and control any and all prior representations, understandings and/or agreements. No other agreements, representation, or warranties, whether written or oral, shall be deemed to bind the parties hereto with respect to the subject matter hereof.
Nothing in this clause shall alter the operation of the terms of service, privacy policy and YouTube agreement and the present music agreement shall be incorporated by reference in the Terms.
Modification by Subsequent Agreement
This Agreement may be modified by subsequent agreement of the Parties only by an instrument in writing signed by the Parties or an oral agreement only to the extent that the Parties carry it out.
Construction
This Agreement shall be construed as if drafted by both Parties, and shall not be construed against any one party, or their representative, as having drafted the Agreement or any portion hereof.
Severability
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
Notice of Default
Neither party may commence a suit or legal action on account of a default by the other party in the performance of any of its obligations under this Agreement, unless the party seeking such suit or action shall first give the defaulting party written notice of the default, specifying the nature and circumstances thereof. The notice will be provided at least thirty (30) days prior to the commencement of a suit or legal action, except for non-payment by the Advertiser which action may be brought immediately, without prior notice.
Waiver
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
Successors and Assigns
All provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
Survival
All covenants, agreements, representations, and warranties made in this Agreement or otherwise made in writing by any party pursuant to this Agreement shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement.
Attorney'sFees
In the event that arbitration, suit, or action, whether at law or equity, is brought by any party to this Agreement to enforce any of its terms, and in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney's fees and costs.
Counterparts
This Agreement may be executed in any number of counterparts, including by facsimile, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.
Headings
The headings and the order in which the paragraphs appear in this Agreement have no significance whatsoever.
GoverningLaw, Jurisdiction, and Venue
This Agreement will be governed by, and construed in accordance with, the internal laws of the _______________________. Each party irrevocably submits to the general jurisdiction of the state and federal courts located in the ______________________________ in any action to interpret or enforce this Agreement and irrevocably waive any objection to jurisdiction that such party may have based on inconvenience of forum.
YOU ARE BOUND BY THE CHOICE OF TERRITORY YOU WILL FILL IN YOUR REGISTRATION FORM. BY CLICKING ON “I AGREE” YOU AGREE TO ALL THE TERMS AND CONDITIONS LAID DOWN IN THIS AGREEMENTWITHOUT ANY LIMITATION WHATSOEVER.
Music Audio Content Requirements:
?All assets must be delivered per the Juice Asset Submission Specifications found below:?Audio should be delivered with a sampling rate of 44.1 Khz and 16-bit or 24-bit resolution. The audio source MUST be stereo unless it does not exist.?Uncompressed audio formats supported are:?
| Format | Container Type |
| Pulse-Code Modulation (PCM) | WAV (.wav) |
| Apple Loseless (ALAC) | M4A (.m4a) |
| Free Loseless Audio Coded (FLAC) | FLAC (.flac) |
Pre-Cut Ringtones
Pre-cut ringtones should be delivered with a sampling rate of 44.1Khz and 16-bit or 24-bit resolution. The audio source must be stereo unless it does not exist. The audio must be lossless and in one of the following formats: WAV, ALAC, FLAC (see table above). All other formats will be rejected.
The minimum length is 5 seconds and the maximum length is 30 seconds.
. TIFF with .tif extension (32-bit uncompressed), JPEG with .jpg extension (quality unconstrained), or PNG with .png extension?
. RGB (screen standard)?
. Minimum size of 1400 x 1400 pixels?
. Images must be square?
. Images must be at least 72 dpi?Music Digital Booklet ?
• PDF format with .pdf extension?
• Four-page minimum?
• No more than 10 MB in size?
• All fonts embedded?
• 72 dpi minimum?
• 11inx8.264in(28cmx21cm)?
• RGB color?
• Horizontal presentation?
• All images full-bleed?
INTRODUCTION
Your privacy is our biggest concern. We, at sounds-control.com (Hereinafter “we”, “zoning”, “us”), respect your privacy and thus, employ best practices to secure, protect and ensure safety of your data stored with us or our affiliates under our control. We have drafted and published this Privacy Policy to inform you of how we protect the Personal Information that we Collect, Use, Disclose and how we try our best to keep it secure. It also covers how we make the Personal Information it holds available for access to and correction by you. Please take a few minutes to review this Privacy Policy. It is your duty to keep yourself updated with our privacy policy as regularly as you update you playlist. By using the our smartphone application and Website, you are consenting to the Collection, Use and Disclosure of your Personal Information by us as set forth in this Privacy Policy.
CHANGES TO THE PRIVACY POLICY
Sounds Controlmay, in its sole discretion, update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on the App/Website. Your continued use of the App/Website will indicate your acceptance of any changes to the Privacy Policy. All Personal Information, Collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting ourContact Desk. We urge you to refer back to this page regularly and especially prior to providing us with any Personal Information.
NO RESERVATIONS and EXPRESS AGREEMENT
We do not accept any reservation or any type of limited acceptance of our privacy policy. You expressly agree to each and every term and condition as stipulated in this policy without any exception whatsoever.
NO CONFLICT
The policy constitutes a part of the terms of service. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our App/Website. In case there exists a conflict, we request you to kindly contact us for the final provision and interpretation.
DEFINITION
"Collect" means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
"DirectMarketing" involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication. The goods or services which are marketed may be those of zoning or a Related Body Corporate or those of an independent third party organization.
"Disclosure" generally means the release of information outside Sounds Control, including under a contract to carry out an "outsourced function."
"ExpresslyInformed" means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.
"OptOut" means an individual's expressed request not to receive further Direct Marketing communications.
"PersonalInformation" means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s name, address, telephone number and email address.
"PrimaryPurpose" is the main reason for the Collection of any Personal Information.
"ReasonableExpectation" means a reasonable individual's expectation that their personal information might be Used or Disclosed for the relevant purpose.
"SecondaryPurpose" means a purpose of Use or Disclosure other than a Primary Purpose.
“Using” includes but is not limited to visiting, registering, buying, selling, listing, posting. Communicating through us, using vouchers and accessing the contents of App/Website.
“App/Website" means the App/Website of Sounds Control LLC, mobile application and related webpages, operating primarily at and through
1. Apple store:
2. Android Play Store
3. Amazon App Store
Our Practices
1.COLLECTION OF PERSONAL INFORMATION
Information given by you
1.1 We collect Personal Information about customers, prospective customers and App/Website users which is reasonably necessary for, or directly related to, one or more its functions or activities. We collect your Personal Information in several ways, including but not limited to:
a) The registration process on our App/Website;
During registration, we require the user to provide us with information that may include:
i. First Name
ii. Last Name
iii. Gender
iv. Date of Birth
v. Marital status
vi. Place of residence along with pin code
vii. Country
viii. Email address
ix. Contact number
x. Credit/Debit card details, bank account information and Paypal account details
b) Other instances in which you provide Personal Information via our App/Website;
c) Over the phone.
1.2 You are required to provide all the mandatory information (marked with *) required in our registration form without any reservation or limitation whatsoever.
1.3. Apart from registration, the Personal Information that we collect includes (but is not necessarily limited to): your first name, your last name and your email address.
1.4 If you wish to 'refer a friend' to us that friend must register themselves - we will not enter their Personal Information on their behalf.
1.5 At or before the time, or, if that is not practicable, as soon as practicable after, we Collect your Personal Information, we will notify you, by providing you with this Privacy Policy, or by notifying you of how you may access this Privacy Policy.
1.6We will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party.
Information Collected by Third Parties
1.7. Our App/Website may contain certain third party links or advertisements. These third party links do not belong to us and thus, we do not assume any liability for any loss or dispute arising out of the information entrusted to them by you. It may be the links of our Sponsors or independent associates. Your information shared by you on their App/Website
1.8. We also reserve the right to promote our App/Website and related content through other App/Websites and blogs. These App/Websites may or may not collect anonymous information about you. We shall not be held liable for any breach of loss of data arising out of the same. We do not share any personally identifiable data with these third party App/Websites.
1.9. You can always decide not to permit us to employ your data in third party services by sending a request at info@Sounds Control.com.
Automatic Collection of Information through Cookies
1.10. We accept that we collect certain information about the user through cookies and other related mechanisms. The information is purely technical in nature. The collection of the information is necessary for
i. To obtain App/Website statistics and usage data
ii. To improve App/Website experience and make it more personalized.
iii. To fulfill advertisement concerns.
1.11. We assure you that none of the information collected under this category are personally identifiable in nature. The data does not identify you personally through your name, contact, address or any other related information.
1.12. We maintain the right to use such information for market strategies, business research and internal surveys. We may use the information for advertising and related revenue purposes without any prior information.
2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT
2.1 We hold Personal Information which it has collected to Use and/or Disclose for its Primary Purposes, including but not limited to:
a) Promoting daily deals to you;
b) Answering your inquiry;
c) Sending you additional materials relating to zoning and products and services that may be of interest to you; and
d) Providing you with effective customer service.
2.2 We also hold Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes (Secondary Purposes). You provide your consent to us using and/or Disclosing your Personal Information for the following Secondary Purposes:
a) Billing and account management;
b) Business planning and product development;
c) Enabling us to better understand your needs and interests;
d) Improving the content, functionality and usability of our App/Website; e) improving our marketing and promotional efforts;
f) Displaying personalized advertising when you visit our App/Website;
g) Implement better programming to make your experience better.
h) For any other purpose identified in any other agreement between us and you;
i) Issues, news or other information relevant to your dealings with us, or about zoning generally; and
i) As otherwise described in this Privacy Policy.
2.3 We may Use and/or Disclose your Personal Information for any Secondary Purposes not included in this Privacy Policy if:
a) The Secondary Purpose is related to a Primary Purpose; and
b) You would have a Reasonable Expectation that we would Use the information for that Secondary Purpose.
2.4 From time to time we may disclose your Personal Information to organizations outside of us in order to deliver the services you require. Your Personal Information is disclosed to these organizations only in relation to us providing our services to you. These organizations carry out, amongst other services, our:
a) Billing and debt- recovery functions;
b) Customer inquiries;
c) Information technology services;
d) Marketing services (including market research);
e) App/Website usage analysis; and
f) To support or facilitate any of those services described in this Privacy Policy
2.4. We will take reasonable practicable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
2.6. The App/Website uses social plugins (hereinafter "Plugins") of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereinafter "Facebook"). The plugins are marked by a Facebook logo or the words "Social Plug-in by Facebook" or "Facebook Social Plugin". Find an overview of the Facebook plugins and their appearance on http://developers.facebook.com/plugins. If you request a page of our App/Website which contains a plugin, your browser will build up a direct connection to the servers of Facebook. Facebook directly transmits the content of the plugin to your browser and from there it is incorporated in the App/Website. By integrating the plugin, Facebook receives the information that your browser has accessed the page of our App/Website, even if you do not have a Facebook account or if you are not logged into Facebook at the time. This information (including your IP address) will be sent directly from your browser to a Facebook server in the U.S. and stored there. If you are logged into Facebook, Facebook can assign your visit to our App/Website directly to your Facebook account. If you interact with the plugins, for example, by pressing the "Like" button or by leaving a comment, the corresponding information is also transmitted directly to a Facebook server and is stored there. The information is also posted on Facebook and can be seen by your Facebook friends. Facebook may use this information for purposes of advertising, market research and personalized design of Facebook pages. For this purpose, Facebook creates profiles regarding usage, interests and relationships, e.g. to evaluate your use of our App/Website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our App/Website and to provide further related services with the use of Facebook. If you do not want Facebook to allocate the collected data via our App/Website to your Facebook account, you must log out of Facebook before you visit our App/Website. To find out more about the purpose and extent to which Facebook collects, processes and uses these data, your rights and the settings available to protect your privacy, please read the Facebook privacy policy.
3. DIRECT MARKETING
3.1 You consent to zoning Using and/or Disclosing any Personal Information Collected from you for Direct Marketing purposes, whether Collected via telephone, the App/Website, or otherwise, but subject to the terms of this Privacy Policy.
3.2 Unless otherwise provided in this Privacy Policy and in accordance with the law, we retain the right to Use and Disclose your Personal Information for Direct Marketing purposes:
a) That has been Collected from you in circumstances where:
i. You have provided consent to do so; or
ii. It is within your Reasonable Expectations; or
iii. Where it is impracticable to obtain your consent;
b) That has been Collected from any third party in circumstanceswhere:
I. you have provided consent to do so; or
ii. It is impracticable to obtain your consent.
3.3 In each Direct Marketing communication, we will include a:
a) Prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and
b) Simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.
3.4 Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct Marketing purposes.
3.5We will not Use your Sensitive Information for Direct Marketing purposes.
4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date.
However, the accuracy of that information depends to a large extent on the information you provide. That's why we recommend that you:
a) Let us know if there are any errors in your Personal Information; and
b) Keep us up-to-date with changes to your Personal Information such as your name or address.
You may change your personal details by using the relevant facility on our App/Website or by contacting zoning care of the contact details described later.
4A. CHAT ROOMS
4A.1. We may offer chat room, public forums, groups, message boards and other relates services to our registered users. While we assure you your privacy, we request you to respect the privacy of others and do not post or make comments which violate the privacy of others or are defamatory, libelous or illegal in nature. If you make any personally identifiable disclosure about any user, your account shall be terminated after review by our administrative team.
4A.2. You shall be solely responsible for any personally identifiable disclosure made by you about yourself. We will not be liable for any damage or loss arising out of such disclosure.
5.PROTECTING YOUR INFORMATION
5.1 We will take reasonable steps to protect the Personal Information from misuse, interference, loss and unauthorized access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be used or Disclosed in accordance with law, subject to the exceptions contained therein.
5.2 We will not attempt to match de-identified or anonymous data Collected through surveys or such online devices as "cookies", with information identifying an individual, without the consent of the relevant individual.
5.3 We require employees and contractors to perform their duties in a manner that is consistent with Sounds Control legal responsibilities in relation to privacy, including those in this Privacy Policy.
5.4 We will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine "need to know" as well as "right to know."
6. HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
6.1 We will permit its records containing your Personal Information to be accessed by you when required by the law. We may, however, refuse to provide you with access to your Personal Information if one or more of those matters contained in law Information – apply, including but not limited to instances in which:
a) We reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);
b)Giving access to the information would have an unreasonable impact on the privacy of any other individual;
c) Your request for access is frivolous or vexatious or giving such access will be unlawful
6.2 If we are satisfied that:
a) Having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or
b) You (as the person to whom the Personal Information relates) request that we correct the information;
c) We will take reasonable steps to correct our records containing your Personal Information as soon as practically possible in accordance with the law.
6.3 If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.6.4 If you:
a) Wish to lodge a request to access and/or correct your Personal Information; or
b) Have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal; you may do so by contacting Sounds Control Chief Operating Officer as per the details in in Point 12.
6.5 We will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. Sounds Controldoes, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a three month period.
6.6 Where we offer online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.
7. OPENNESS
7.1 Sounds Control Chief Operating Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Section 13.
7.2 You will find that our App/Website contains a prominently displayed privacy statement and will include a copy of this Privacy Policy.
8. STAYING ANONYMOUS
8.1 We will not make it mandatory for visitors to its App/Website to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. We may however request visitors to provide Personal Information voluntarily to us(for example, as part of a competition or questionnaire).
9. TRANSFERRING INFORMATION OVERSEAS
9.1 If we send Personal Information overseas, we will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information inaccordance with the law
9.2 We may disclose Personal Information to an overseas recipient without complying with 9.1 if:
a) You are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or
b) We reasonably believe that the overseas recipient is subject to a law or a binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Bulgarian law seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or
c) The Disclosure is required or authorized by anBulgarian Court or tribunal or is done under the Bulgarian law.
10. SECURITY POLICY
We maintain that security and safety of your data and personal information is of utmost importance to us. We have employed highest possible standard of security measures including but not limited to SSL encryption for payment related services for the same. We also assure you that all the payment procedures and gateways supported and employed by our App/Website are certified by concerned authorities as secure and safe.
Though we assure you that we have employed adequate physical and highly sophisticated technological methods to secure your data, we cannot guarantee you of absolute data safety. While we will take every reasonable step in protection of your data, we shall not be held liable for unauthorized and unlawful act of third parties that are alien to our control. We shall not be responsible for any unavoidable technical or physical glitch and for acts that are beyond human control.
11. INVITATION SERVICES
We may offer you the opportunity to use our invitation services and application so that you can tell your friends about Sounds Control. The service will enable you to import at your direction your contact list from certain email services that you may be using and to send an email on your behalf from your email address, inviting your friend to try our App/Website. The information you provide will be used solely to facilitate your sending of the invitation and will not be stored or used by us for any other purpose. If you are a recipient of an invitation and have elected to opt out from receiving any further invitations from us, we will retain your email address solely for the purposes of honoring your opt-out further invitations.
12. BREACH OF PRIVACY POLICY
We reserve the right to terminate or suspend any account or delete certain contents from any profile or public domain within the ambit of this App/Website if the said account or content is found to be in violation of our privacy policy. We sincerely request you to respect privacy and secrecy concerns of others. The jurisdiction of any breach or dispute shall be determined in accordance with terms of service
13.CONTACTING US
If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact zoning, care of the following details:
Email: info@Sounds Control.com
GENERAL
The website sounds-control.com is owned and operated by Sounds Control LLC [Hereinafter “we”, “us”, “website”] with official address at 1544 Irving Street Suite 201 in Rahway NJ.
The present agreement along with the other agreements and privacy policy available on sounds-control.com governs the relationship between Sounds Control and the user (hereinafter you, they). The scope of the present agreement shall apply to this website, mobile application (if any) developed by Sounds Control for its services, services of our affiliate entities including joint ventures, subsidiaries, parent and sister companies and any other related corporate entity.
The present agreement (terms) is reflection of entire understanding of our relationship with you. It shall supersede any previous or other such understanding. The standard language of the agreement is English and in case of a conflict between human readable form and machine readable form, the human readable form shall prevail.
KINDLY GO THROUGH OUR TERMS AND POLICIES CAREFULLY BEFORE USING OUR SERVICES. BY USING SERVICES, YOU EXPRESSLY AGREE TO ALL THE TERMS, POLICIES, DISCLAIMER AND GUIDELINES PROVIDED BY US. IF YOU DO NOT AGREE WITH US, PLEASE EXIT RIGHT NOW WITHOUT USING OUR WEBSITE ANY FURTHER.
We reserve and retain the absolute right to alter/amend/change or modify these terms and related documents, in whole or in parts, without any prior notice or intimation to you. It is recommended that you keep checking the same for updated policies though we will try to notify the changes on the home page.
ELIGIBILITY
Sounds Control services are available only to, and may only be used by, companies, societies and individuals (who are 18 years and older) who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
Individuals under the age of 18 but not less than 14 must at all times use Sounds Control services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. However, the user, if required, must produce required documents to prove his ownership of that business name or intellectual property rights over the related trademarks.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
COMPLIANCE
Password: You are required to keep your password secure. You shall assume absolute and sole liability for all activity, liability and damage resulting from your failure to maintain password confidentiality and secrecy. You agree to immediately notify Sounds Control of any unauthorized use of your password or any breach of security. You also agree that Sounds Control cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Sounds Control without Sounds Control express written permission.
Account Information:You shall keep your account information up-to-date and accurate at all times, including a valid email address. Your payment information, as provided to us, shall also be accurate and genuine at all times. You agree that your account information can be made available to Sounds Control administration or its’ appointed employees or contractors.
You agree that you have ensured that your access of our Mobile Application and its services are completely in accordance with local laws of your respective state, territory or country.
Account Transfer:You shall not transfer or sell your Sounds Control account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the respective entity to this Agreement.
INTELLECTUAL PROPERTY RIGHTS
Sounds Control, and other Sounds Control graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade address of Sounds Control in United States of America and other countries.
Sounds Control trademarks and trade address may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
You agree that we may display your as well as certain third party company or business name, logo, images or other media, and public description of your business and profile as part of the Sounds Control Services and/or other marketing materials relating to the Sounds Controlweb site and Mobile Application, except where you have explicitly requested that we do not do this and we have agreed to such request.
You agree that whatever content you post on the website or Mobile Application except for your registered trademark or registered trademark or proprietary material of others with their permission, shall become the sole property of the Mobile Application without any reservation unless if we have agreed to such reservation in writing or when the content is governed under the Music Distribution Agreement or Youtube Agreement.
IP INFRINGEMENT
We assure you that we respect all third party proprietary rights and will take any action whatsoever, required by law, to address any third party infringement on our website or through our services. We request you to bring any such infringement to our notice at ip@Sounds Control.com and give us 14 working days to address the issue.
Any infringement of our intellectual property rights will be dealt strongly by our legal team. You are bound by terms to notify us of any such infringement as soon as you come to notice it at ip@Sounds Control.com
If you believe that you have information that something posted in our website or Mobile Application infringes your IP rights or IP rights of a third party, please inform us at ip@Sounds Control.com.
TERM
The terms shall be valid as long as sounds-control.com is operation, online or in functional mode and continues to deliver services to the users.
THIRD PARTY COMMUNICATION AND INTERACTION
We may offer public chat rooms, public playlist sharing, chat rooms, groups and message boards. We request users to refrain from posting any content that s defamatory, abusive, inflammatory, obscene, seditious, libelous, illegal, hurtful or outrageous.
WE also request you to not use these services for any illegal purposes. While we try our best to monitor the communications to avoid any illegality, we do not assume any liability for any illegal or unlawful communication or use of such chat rooms.
We reserve the right to take down any such content and take administrative as well as legal action against the author of such posts or messages.
TERMINATION
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Application (or any services thereof). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Application affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Application, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due to us on account of desired refunds. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
· if we determine that you have breached, or are acting in breach of, this User Agreement;
· if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
· if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
· you do not respond to account verification requests;
· you do not complete account verification when requested within 3 months of the date of request;
· you are the subject of a United Nations, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
· to manage any risk of loss to us, a User, or any other person; or
· For other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
CLOSING YOUR ACCOUNT
We allow you to close your account with us if you send us a request for the same at info@Sounds Control.com. However, you must not have any outstanding payment, dispute, listing or any other matter unresolved with us or third parties through our Website and Mobile Application.
INACTIVE ACCOUNTS
We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left. We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.
CONFIDENTIALITY
“Confidential Information” means all data and information whether inwritten, machine readable or other tangible form, or obtained byrecipient through observation or examination of such information andmaterial or disclosed orally, that is of value to either party, is notgenerally known to competitors of the disclosing Party, and which isindicated as such when communicated to the receiving Party.
Any information or data which has been marked as “CONFIDENTIAL”, “SECRET”, “PRIVATE” OR “PROPERIETARY” shall be treated as confidential without any exception.
Confidential Information includes, but is not limited to, all information or materials prepared in connection with this or any related subsequent Agreement and includes, without limitation, all of the following: unreleased recordings, music and melodies, designs, software, programs, drawings, specifications, techniques, models, data, source code, object code, documentation, diagrams, flow charts, research, development, processes, procedures, ideas, data, "know-how", new product or new technology information, props prototypes, Sounds Control music management mechanism, development or marketing techniques and materials, development timetables, strategies and development plans, including trade names, trademarks, customer, the Agreement or personal names and other information related to customers, the Agreement or personnel, pricing policies and financial information, and other information of a similar nature, whether or not reduced to writing or other tangible form, and any other trade secrets or non-public business information.
The user acknowledges and agrees that the Confidential Information has been and is being developed by the us through the expenditure of substantial time, effort and money and is a valuable proprietary asset of the disclosing party.
The user shall keep the Confidential Information confidentialand secret and shall not use or disclose or make the ConfidentialInformation available, directly or indirectly, to any person other than itsofficers and employees who need the Confidential Information toenable the user to perform its obligations under this agreement and provided that such officers and employees are also obliged tokeep such Confidential Information confidential and secret.
The user hereby agrees and undertakes:
· That all Confidential Information shall be and shall remain at alltimes the sole and exclusive property of the party to which it rightfully belongs under these terms and otherwise.
- That its right to use Confidential Information shall wholly ceaseupon the termination of this agreement; and
· To return to the original owner on termination of this agreement allmaterial embodying Confidential Information (including, withoutlimitation, information stored on computer disks) or any partthereof and all copies thereof.
Provided nothing in this section shall limit the disclosure of any information by either party when required by any applicable law or when a lawful warrant is presented by a law enforcement agency.
You hereby expressly agree that Sounds Control shall have the right to provide information relative to the sales of your Recordings hereunder to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate the same in any manner.
PAYYMENT GATEWAYS
You expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure SSL connections in order to facilitate, distribute, transact and receive payments for the services offered and received on or through this Mobile Application. We reserve the right to change or replace the payment gateway on our sole discretion without any reservation whatsoever. We do not store your bank information with us and everything is completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you will hold us harmless against any such dispute or legal claim.
THIRD PARTY LINKS
Links from or to Website or Mobile Applications outside this Web Application are meant for convenience only. Sounds Control does not review, endorse, approve or control, and is not responsible for any Applications linked from or to this Web Application, the content of those Applications, the third parties named therein, or their products or services. Linking to any other Application is at your sole risk and Sounds Control will not be responsible or liable for any damages in connection with linking. Sounds Control disclaims all warranties, express and implied as to the accuracy, validity and legality of any materials or information found on those Applications
OTHER AGREEMENTS
Your stay and access to our services will be governed by the terms of service, privacy policy and all other agreements available on sounds-control.com or incorporated through refrence by us in this document or any of the other agreements. You are required to ensure and warrant that all your actions will be in absolute accordance with the terms, privacy policy and all other such agreements, guidelines and usage codes.
You also agree that. In order to provide you with latest music, melodies and tunes, we will have to enter into third-party agreements. We request you and you authorize us to enter into such agreements without any limitation whatsoever.
ACCESS AND INTERFERENCE
I. Sounds Control may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Sounds Control is updated on a real-time basis and is proprietary or is licensed to Sounds Control by Sounds Control users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Sounds Control for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Sounds Control API Terms of Use or otherwise without Sounds Control prior express written permission. Additionally, you agree that you will not:
II. Take any action that imposes, or may impose, in Sounds Control sole discretion, an unreasonable or disproportionately large load on Sounds Control infrastructure
III. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Sounds Control Guidelines from the Application except to the extent expressly permitted by and in compliance with Terms of Use or otherwise without the prior express written permission of Sounds Control and the appropriate third party, as applicable
IV. Interfere or attempt to interfere with the proper working of the website or Application or any activities conducted on the Application
V. Bypass Sounds Control robot exclusion headers or other measures Sounds Control may use to prevent or restrict access to Sounds Control.
VI. Disable, hack, circumvent or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Company content or materials;
VII. Use any metadata, meta tags or other hidden text utilizing a TuneCore name, trademark, URL or product name;
VIII. Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
IX. Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
X. Upload, submit, post, email, or otherwise transmit, via the Site or Services, any Recordings or other materials that are, in the sole opinion of Company, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable;
XI. Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Site, servers or networks connected to the Site or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Site;
XII. Attempt to scan, probe or test the vulnerability of any Company system or network or breach, impair or circumvent any security or authentication measures protecting and providing security for the Site or Services;
XIII. Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Site or Services;
XIV. Attempt to search, meta-search or access the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Company or other generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks;
XV. Collect or store personal data about other users of the Site or Services without their express and explicit permission;
XVI. Misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;
PRIVACY
We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.
SECURITY
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Mobile Application, your Account or the Sounds Control Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
LIMITATION OF LIABILITY
In no event will Sounds Control, its officers, directors, employees or agents be liable to you for any damages whatsoever, including, without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Site, Services, Company products or any Company content, no matter whether the damages are foreseeable and whether or not Company has been advised 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 Company’s aggregate liability to you exceed One Hundred Dollars ($100).
GOVERNING LAW AND DISPUTES
These Terms and Conditions will be governed and construed in accordance with the laws of United States of America irrespective of any principles of conflicts of law. You further agree that any disagreement, claim, controversy or dispute arising between you and the website(or its employees, officers, directors, shareholders, licensees, affiliates, partners, subsidiaries, etc.) shall be resolved and shall proceed only through arbitration with the seat and venue of the arbitration in United States of America. Any such arbitration will comply with and will be governed by the provisions of the United States of America.
FOREIGN JURISDICTION
The services of sounds-control.com are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so.
We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
ENTIRE AND UNMODIFIED AGREEMENT
These Terms and Conditions, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
SEVERABILITY
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
EXPRESS RELEASE
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes with other users or third parties through or on our Mobile Application.
LIMITATION OF JURISDICTION
In some jurisdictions, certain exemptions or limitations, as described in this agreement do not hold. In such jurisdictions, the limitations and exemptions shall apply to the maximum permissible extent.
USER AGREEMENT AS DEFENSE
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
CLASS ACTIONS ARE BARRED
You expressly agree that you will not bring any class action against us unless we agree to such proceedings against us. Unless both parties agree, the arbitrator shall not consolidate or join the proceedings against us or you as a class of users.
NOTICES
Any notices must be given by postal mail to Sounds Control;
Attn: Legal Departmentinfo@Sounds Control.com.
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Sounds Control may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Sounds Control . In such case, notice shall be deemed given three days after the date of mailing.
CONTACT US
Feel free to contact us atinfo@Sounds Control.comfor any clarification regarding the policies, terms and any other agreement thereof.
KINDLY READ THIS YOUTUBE AGREEMENT [hereinafter “the AGREEMENT] CAREFULLY AND COMPLETELY. By clicking on “I agree”, you accept to be bound by this agreement and any other document which has been incorporated by reference. The acceptance shall be absolute and without any reservation whatsoever.
CreativeNation’s MULTI-CHANNEL NETWORK (MCN) AMENDMENT TO Sounds Control TERMS AND CONDITIONS
Definitions
“Territory”shall mean and refer to the territory of this Agreement-World.
“Net Receipts”shall mean all revenues collected and essentially received by us from YouTube or any related Google Service less any and all bona-fide costs and fees incurred in connection therewith, including, but not limited to, any and all taxes, tariffs or similar amounts that we may be obligated to withhold or pay.
Services
Through this agreement, we require you to provide us with the exclusive right in the Territory to manage, gather revenues andexercise all rights to the sound recordings, underlying musical compositions, graphics, animations and all other audio-visual materials provided by you [Hereinafter “owner” “licensee”] for uploading and display on the YouTube or any other video interface service or platform during the Term of this agreement.
Notwithstanding the foregoing, the aforementioned services and facilities by us are available as an “opt-in” mechanism. The Owner or the licensee shall be given achancetopositively “opt-in” any Content that the Owner or licensee controls, manages and seeks to have us administer hereunder.
Owner’s Grant of Rights
For the term of the agreement and in the territory, the owner or licensee shall grant us the exclusive rights to:
To identify, claim, sue, negotiate and settle with any unauthorized individuals who are using Owner’s Content on YouTube prior to or during the Term without requisite authority from the owner.
To solicit offers, negotiate and grant licenses and sub-licenses on behalf of the owner which are necessary for YouTube or any affiliated Google service to perform its services, which shall include but are not limited to host, cache, route, index, transmit, store, copy, embed, stream, perform, distribute, reproduce, display, reformat, synchronize (in timed relation or otherwise), edit, modify, catalog, add metadata, add content ID tags, sell advertising against, and otherwise employ and make available Owner’s Content on YouTube;
We shall reserve the right to include and promote any content by the owner or any YouTube channel owned by Owner, which Owner chooses to register with us or transfer to us or license us, as an integral part of within the network of YouTube channels owned or controlled by us.
To award Sounds Control subsidiary ChaseTV.com access to license and access YouTube content owned or administered by Owner for purposes of delivering the Services listed and exercising the rights granted above which shall include but are not limited to the cross-promotion of Content, the adding of links, product placements, videos, annotations and other channels to Content and to the Owner’s Channels at our sole preference and to promote and advertise Owner’s Content within YouTube and Google’s advertising platforms.
Owner agrees not to interfere with any software, extension, licensing module or disable any feature or features that would interfere with our ability to perform and deliver these services and exploit the rights granted to us herein.
The owner shall bear the sole responsibility for all YouTube channels and contents including its appearance, interface and ease of access.
Term
The agreement shall have a term of 2[two] years from the date of execution of this agreement. Without any limitation whatsoever, the Owner shall have the right to terminate this Agreement within forty-five (45) days following the first six (6) months of the Term (“Trial Period”).
Following end of the Initial Term, the agreement shall be renewed for an additional period of 2[Two] years unless expressly terminated by the parties. The owners reserve the right to terminate the agreement, prior to expiry of the first two years with a 90 day notice during which the agreement cannot be renewed. We shall have the right to terminate this Agreement at any time, upon notice to Owner, effective immediately.
Income
The owner, in consideration of the rights granted herein, shall be paid an amount (royalty)which shall be equal to _______ percent of all Net Receipts actually received by us directly through the subscription of the your content through our website.
The owner shall bear the sole liability and responsibility for all taxes assessed to you and for all payments, mechanical royalties, override royalties, residuals or publishing royalties that maybe due to third parties.
The owner agrees to absolutely indemnify us and hold us harmless from and against any and all claims, damages, costs (including attorneys’ fees), and sums related to tax, third party, or any other payment obligations related to the usage of the Content, rights and sums received by you hereunder.
You accept and we warrant that, we shall have the right to rely on accounting, usage, and other statements received from our sub-licensees (including but not limited to YouTube Analytics) for all purposes hereunder.
Payments, Accounting and Auditing Rights
The payment to the owner or licensee shall be made monthly on approximate basis. The mode of payment shall be PayPal and the owner is required to submit his PayPal details with us in order to accept payments. The payments shall appear in the paypal account of the owner within seven working days. All payments shall be made in the original currencies where the usage occurred.
Representations and Warranties
The owner represents and warrants that he has the legal right and capacity to enter into valid contracts and has the legal authority and right to grant the rights mentioned in this agreement.
The Owner shall also warrant that it/he is the sole owner of the intellectual property rights associated with the Content and graphics subject matter of this agreement.
The owner also warrants that he has all appropriate licenses, permissions, approvals, authorizations, and rights, globally for the Term, to enter into this Agreement and grant the rights set forth herein.
The owner must warrant and bear responsibility for the Content provided by him and assure that the said content, if used in our services, will not violate or infringe any proprietary, contractual, equitable or legal rights whatsoever.
Indemnification
The Owner expressly agrees to compensate, pay, indemnify, defend and hold Sounds Control, its affiliates, associates, subsidiaries, group companies, assigns, and licensees and their directors, officers, shareholders, agents, and employees harmless from and against any and all losses, liabilities, costs and expenses including legal costs arising out of or connected with any breach or alleged breach by Owner of its representations, warranties, covenants, agreements or undertakings pursuant to this Agreement. We shall have the right to withhold payment of any and all moneys hereunder in reasonable amounts related to such claim or action.
The Owner expresllyagrees to be bound by the Terms of Use, Privacy Policy, and other related agreements located on the website sounds-control.comas well as communicated to him through the registered email address as the same are amended or updated from time to time on the Website as well as informed through electronic mail, which are incorporated herein by reference. To the extent the terms of the Website Agreements conflict with this Agreement, the terms of this Agreement shall govern. Owner further agrees to be bound by YouTube and Google’s Terms of Use and Privacy Policy (the “YouTube Agreements”) as they pertain to Owner, the use of YouTube, uploaded Content, and the rights granted hereunder. However, we shall not assume any liability whatsoever by any breach of such policies and terms by the user whatsoever.
We reserve the sole discretion and the unilateral right to remove, delete, prohibit or discard any Content, video, music or other materials from the Website and Services that it deems, in its sole discretion, to violate the Website Agreements, the YouTube Agreements, or the terms and conditions of this Agreement.
LIMITATION OF LIABILITY
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO OWNER’S INDEMNIFICATION REQUIREMENTS, Sounds Control PAYMENT RESPONSIBILITIES AND BREACHES OF CONFIDENTIALITY UNDER THIS AGREEMENT,
(I) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, REMOTE, ACCIDENTAL, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR PENALTIES INCLUDING, BUT NOT LIMITED TO, LOSSES OF BUSINESS, REVENUE OR ANTICIPATED, FUTURE OR POTENTIAL PROFITS;
(II) IN NO SCENARIO WHATSOEVER, WILL EITHER PARTY’S TOTAL CUMULATIVEOBLIGATION FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE NET AMOUNT SUCH PARTY HAS ACTUALLY RECEIVED AND RETAINED FROM EXPLOITATIONS OF THE CONTENT UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ARISES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 WILL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WHETHER OR NOT THE PARTIES WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND THAT EACH PARTY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
Entire Agreement
This Agreement shall constitute the entire understanding and agreement between the Parties, and shall supersede and control any and all prior representations, understandings and/or agreements. No other agreements, representation, or warranties, whether written or oral, shall be deemed to bind the parties hereto with respect to the subject matter hereof.
Modification by Subsequent Agreement
This Agreement may be modified by subsequent agreement of the Parties only by an instrument in writing signed by the Parties or an oral agreement only to the extent that the Parties carry it out.
Construction
This Agreement shall be construed as if drafted by both Parties, and shall not be construed against any one party, or their representative, as having drafted the Agreement or any portion hereof.
Severability
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
Notice of Default
Neither party may commence a suit or legal action on account of a default by the other party in the performance of any of its obligations under this Agreement, unless the party seeking such suit or action shall first give the defaulting party written notice of the default, specifying the nature and circumstances thereof. The notice will be provided at least thirty (30) days prior to the commencement of a suit or legal action, except for non-payment by the Advertiser which action may be brought immediately, without prior notice.
Waiver
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
Successors and Assigns
All provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
Survival
All covenants, agreements, representations, and warranties made in this Agreement or otherwise made in writing by any party pursuant to this Agreement shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement.
Attorney'sFees
In the event that arbitration, suit, or action, whether at law or equity, is brought by any party to this Agreement to enforce any of its terms, and in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney's fees and costs.
Counterparts
This Agreement may be executed in any number of counterparts, including by facsimile, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.
Headings
The headings and the order in which the paragraphs appear in this Agreement have no significance whatsoever.
GoverningLaw, Jurisdiction, and Venue
This Agreement will be governed by, and construed in accordance with, the internal laws of the New Jersey, United States of America. Each party irrevocably submits to the general jurisdiction of the state and federal courts located in the New Jersey, United States of America in any action to interpret or enforce this Agreement and irrevocably waive any objection to jurisdiction that such party may have based on inconvenience of forum.