Terms of Service
Terms of Service
Version dated: 04/22/2020
soundbridge.io is a website and e-commerce marketplace (“Website”) owned, developed, and operated by SoundBridge, LLC (“SoundBridge”).
These Terms of Service (the “Terms”) constitute a legal agreement between the user and SoundBridge, located at 215 Harvard Ave., #12, Boston, MA 02134, USA and these terms govern the use of the website and marketplace, as described below.
Please read this agreement carefully.
SoundBridge, is the provider of the Website that allows users to purchase, donate, finance, rent-to-own, subscribe to, download, view, and/or use music software (collectively, the “Products”) under the terms and conditions set forth in these Terms. SoundBridge’s End User License Agreement covers the licensing of all SoundBridge Products. Please refer to the End User License Agreement for further details.
The End User License Agreement found on the Website constitutes the current and complete agreement between the user and SoundBridge with respect to the Website and/or Products and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SoundBridge with respect to the Website and/or Products. If a particular Product’s End User License Agreement is found on SoundBridge’s Website, then the End User License Agreement found within the same Product is no longer applicable and the End User License Agreement appearing on the Website for that Product is the controlling license grant. The user accepts and agrees to the terms of the End User License Agreement as found on the Website, if made available, for any Product.
This is a legally binding contract. Therefore, all users must be 18 years of age or older to create a user account and use the Website. Individuals under the age of 18 may only use the Website with permission from a parent or legal guardian.
- USE OF THE WEBSITE
Products provided through the Website are licensed (or otherwise provided for users), and do not belong to the user. SoundBridge reserves all other rights not expressly granted in the Terms of Service to the user or a third party.
In order to access certain features or services provided through the Website, the user may need to provide personal information such as the user’s name, address, age, and billing details. The user agrees that all information provided to SoundBridge will be accurate, complete, and kept current at all times. Certain features or services may require you to open a user account. The user agrees to be entirely responsible for maintaining the confidentiality of their account details and to protect the details of their user account, including the password. SoundBridge is not responsible for any damages of any kind, in the event that a user account is changed, misused, canceled, or damaged by any unauthorized means. The user agrees to notify SoundBridge immediately of any unauthorized use of their account or password.
The user agrees not to: (i) engage in any activity or use of a Product or content that interferes with or disrupts the SoundBridge, or any partner’s Website (or the servers and networks which are connected to the Website), (ii) use the Website to transfer or upload content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property, or (iii) in any other manner that violates these Terms or other policies governing the use of Website and/or Products.
The user is solely responsible for backing up any Products and content obtained through the Website.
The user agrees that SoundBridge, and its partners and/or licensors own the Website and all Content provided (other than your User Content) (“Site Content”) and all worldwide intellectual property rights relating to the Site and Site Content. All Site Content included as part of the Service, such as trademarks, text, graphics, images, software, and any compilation thereof is the sole property of their respective owners. SoundBridge’s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SoundBridge, its affiliates, or licensors.
User agrees that they do not acquire any ownership rights in any content. SoundBridge does not grant you any licenses, express or implied, to the intellectual property of SoundBridge or our licensors except as expressly authorized by these Terms.
The user agrees not to: (i) copy, sell, license, transfer, modify, translate, create new works from, reverse engineer, disassemble or otherwise attempt to derive source code from the Website or its Products, and any such violation shall be prosecuted to the maximum extent permitted by applicable law, (ii) take any action to interfere with or defeat the security, or content usage rules provided, deployed, or enforced by any means (for example digital rights management or digital monetization solutions) on the Website or its Products, (iii) use the Products to access, copy, transfer, transcode, or retransmit content in violation of any law or third-party rights, or (iv) remove, or alter SoundBridge, or any partner’s copyright notices, trademarks, or other property rights described, attached to, or contained within the Website or the Products.
- RULES OF CONDUCT AND CONTENT
The user agrees not to use the Website to defame, harass, discriminate, or threaten another person or entity, or in any other way violate the rights of another.
To the extent that the Website and its Products allow users to upload content the following applies:
- The user agrees and represents that any uploaded content is created, owned, or licensed for use by the user. Users may not upload content that contains third-party copyrighted material, or material that is subject to other third-party rights, without permission from the rightful owner of the material.
- Users may not upload content or other material that promotes illegal activity, content that is offensive or that constitutes defamation, or any material that is otherwise discriminating or offensive as determined by the sole discretion of SoundBridge. Any such decisions are final and are not negotiable.
The user acknowledge that any materials uploaded to the Website and through its Products may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions.
SoundBridge claims no ownership, does not assume or will have any liability, and does not endorse nor guarantee the accuracy or propriety of any of the information its users submit through the Website and its Products. The User acknowledges that Soundbridge has no obligation to pre-screen or monitor materials uploaded through the Website and its Products.
SoundBridge reserves the right to remove any content or other material from the Website at its sole discretion. Any such decisions are final.
SoundBridge reserves the right to terminate any user account, without notice or a refund, if the user takes any action that is harmful to the Website, it’s Products, or the SoundBridge reputation and brand at the sole discretion of SoundBridge.
- COPYRIGHT POLICY
SoundBridge respects the intellectual property rights of others and expects users of the Website to do the same. SoundBridge users are prohibited from uploading to or via the Website any content that they do not have the right to post, including but not limited to copyrighted material. SoundBridge will cooperate and respond to notices of alleged copyright infringement that have a reasonable legal basis for the claim, as determined by legal counsel for the Company. Any infringing material discovered on the Website will be removed from the Website. Repeat infringers will not be tolerated.
User agrees that SoundBridge is not liable for the infringement, copyright or otherwise, of its Users or any Third Parties.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SoundBridge’s Copyright Agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying SoundBridge that your copyrighted material has been infringed. Please include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site, including the website address/URL;
- Your address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
- A statement by you, made under the 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.
SoundBridge’s agent for notice of copyright infringement on its Site can be reached as follows:
[Attn: Copyright Agent]
215 Harvard Ave.
Boston, MA 02134
- PROVISION OF THE WEBSITE AND PRODUCTS
SoundBridge reserves the right to modify, suspend or discontinue the Website (or any Products thereof), at any time, without prior notice to users. SoundBridge is not liable to users or any third-party should it exercise these rights.
SoundBridge uses various payment processing methods to aid users in the purchase, licensing, or use of products from the Website. Users agree to abide by all relevant terms of service specified by the offer on the marketplace.
Billing statements related to your purchases will be provided through your user account or by e-mail to the email address associated with your user account.
SoundBridge retains control of the Products and may prevent or disable access to the Products until full payment of the purchasing price, subscription fee or money due is received as detailed by the offer on the Website.
All sales, donations, licensing, rent-to-own and subscriptions are final and nonrefundable.
Prices for Products are subject to change at the sole discretion of SoundBridge. SoundBridge does not offer refunds or credits in the event that a later price reduction or a promotional offer would have resulted in a lower price for the user had they delayed their purchase.
SoundBridge uses third-party service providers to calculate and collect taxes required by law.
For any remaining taxes on Products, the user is solely responsible for paying all applicable taxes that are not collected by SoundBridge, including the reporting and payment of any additional taxes on purchases made from the Website.
- PARTNER & THIRD PARTY TERMS
- AUTOMATIC UPDATES & DATA COLLECTION
Products provided through the Website may communicate with SoundBridge’s servers, or a Partner’s server, to check for available updates, such as bug fixes, patches, enhanced functions, and new versions. By installing the Products, you are authorizing the receipt of automatically requested and received updates.
When a user installs Products obtained through the Website, the user authorizes and allows SoundBridge to record various unique identifiers from the user’s computer such as the UUID, Processor ID, MAC address, HDD serials, Machine Name, and any other unique identifiers. By installing these Products, the user authorizes and allows SoundBridge to store these unique identifiers in a database alongside the email address associated with each user account. SoundBridge uses this information to prevent and identify unauthorized installations of our software, abuse, and piracy. SoundBridge agrees to not share this information with anyone outside of its organization.
By installing the Products distributed by the Website, the user permits SoundBridge to collect any information regarding the Products’ usage, computer machine details, and unique identifiers worldwide. SoundBridge reserves the right to maintain this data indefinitely. However, SoundBridge will delete data related to a specific account if the user notifies SoundBridge by email at email@example.com and the user agrees to delete and discontinue all use of the Website and its Products.
If users have any questions about SoundBridge’s product data collection technology or want copies of the data we’ve collected from the user’s account, please email the request to: firstname.lastname@example.org.
To the maximum extent permitted by law, users agree to defend, indemnify, and hold harmless SoundBridge, its affiliates and their respective directors, officers, employees, and agents from any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney fees), arising out of or resulting from use of the Website, including downloading, uploading, installation, use of any Products or content obtained from it, or violation of the Terms.
SoundBridge reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SoundBridge, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior consent of SoundBridge. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Terms of Service will continue to apply until terminated by the user or SoundBridge. If a user wants to withdraw their acceptance of the Terms of Service, the user may do so by notifying SoundBridge by email at email@example.com, stop all use of the Website immediately, and uninstall and delete any Product obtained from the Website.
- DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT USE OF THE WEBSITE, AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF IT, IS AT THE USER’S SOLE RISK AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED; INCLUDING ANY IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE, AND THE WEBSITE ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
USE OF THE WEBSITE, AND ANY PRODUCTS OR CONTENT DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF IT, IS AT THE USER’S OWN DISCRETION AND RISK, AND THE USER IS SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO THE USER’S COMPUTER OR ELECTRONIC DEVICE(S), OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
- LIMITATIONS OF LIABILITY
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT SOUNDBRIDGE, LLC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO THE USER UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES, INCLUDING LOSS OF INCOME, BUSINESS, OR PROFITS THAT MAY BE INCURRED BY THE USER THROUGH USE OF THE SERVICE, ANY PRODUCTS OR CONTENT DOWNLOADED, OR OTHERWISE OBTAINED FROM THE SERVICE, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, SOUNDBRIDGE, LLC ́S LIABILITY SHALL NEVER EXCEED ONE HUNDRED USD ($100.00).
SoundBridge may assign, transfer, sell, or otherwise dispose of its rights and obligations under the Terms of Service, in whole or in part, at any time, without notice. Users may not assign this agreement, or any part of it to another party or individual.
SoundBridge may notify users with respect to the Website by sending an e-mail message to the e-mail address provided by the user or by a posting on the Website. Notices are effective immediately, whether or not the user receives actual notice of the changes.
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
By creating a user account, and/or purchasing, licensing, subscribing to, financing, renting-to-own, or otherwise obtaining any of the Products from the Website, the user accepts and acknowledges that the user is required to follow the terms set forth in the Terms. Furthermore, the user also acknowledges that the user has read, understood, and agrees to all of the terms, conditions, obligations, and limitations of the Terms (including all of SoundBridge’s policies, standards, instructions, and guidelines).
The Website and its Products are provided by:
[Attn: Legal Officer]
215 Harvard Ave.
Boston, MA 02134, USA
Effective as of April 22, 2020