|
Welcome to Sugartrax. The following are the terms ("terms") and conditions that govern your use of the sugartrax.com site. The following terms and conditions of use embody a legally binding contract between you (the user and licensee) and sugartrax (the licensor). Before continuing to use this web site or download any of our sounds and media files please read, understand and agree to these terms in their entirety. By continuing to use this web site and our service, you are agreeing to be bound by these terms. If you do not agree with these terms, you must refrain from using our web site and our service.
The site, services and materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”). Sugartrax does not grant any express or implied rights to use the site, services and materials. This web site, its content and all related rights remain the exclusive property of Sugartrax.
The following information details
the licensing terms that will apply to any music licensed from Sugartrax.
When a user purchases a license they become a licensee. We will grant licensees of our music a non-exclusive,
non-transferable, single project license to use the
licensed music in the licensees multimedia production. The license will allow the licensee to use the sounds only as specified during the licensing checkout process.
Our sounds are licensed for a specific use based on the criteria available in our licensing matrix. If you require a usage that is not currently available in our licensing matrix please use our contact form to
obtain a license based on your exact requirements.
Licensee is NOT permitted to share, re-license,
reproduce, or otherwise transfer our music to any other individual
or company. Any attempt to reproduce, share or re-license
our music in any form will result in criminal prosecution against
the licensee. Our music is protected by the copyright laws of the United Kingdom. Canada and the United States.
When using our music in any type of broadcast production such as TV, Radio, theatrical release or public exhibition, You the licensee are required to file a cue sheet directly with Sugartrax using the form provided in your Sugartrax account. Simply login and enter the details of the production to be aired. Sugartrax will submit the cue sheet information to the relevant Performing Right Society on your behalf.
Sugartrax permits registered users the right to download free MP3 files of our sounds for the sole purpose of evaluation. Registered users are granted a non-transferable, non-exclusive license to store locally, copy locally and to test and evaluate the sounds within your production or project. Only when the required license fee is paid will user be granted the required commercial license.
All other terms from this agreement apply to evaluation licenses.
Licensee is permitted to process and edit the duration of the sounds as is necessary for use in Licensees project.
Registered users and Licensees accept responsibility for receiving the email messages that are sent to them by the Sugartrax web site. Sugartrax cannot be held responsible for failure to receive important messages due to spam filter rejection or blacklisting of our mail service by your ISP. If you have licensed sounds from Sugartrax and have not received a copy of your receipt/license via email please contact us via our contact form and we will endeavour to help. License information and WAVE file downloads can be obtained by logging in to your account and viewing your Order History.
Minors must have parental consent before agreeing to these terms or ordering any of the sounds available on this web site.
You are not allowed to publish our music as your
own, or as credited to yourself. If you wish to add lyrics,
poetry, vocals or instrumental accompaniment to any of our music you must contact us to
obtain a license based on your exact requirements.
The information on this Site is provided "as-is"
without warranties of any kind, either expressed or implied, including
but not limited to any implied warranties of merchantability, fitness
for any particular purpose, non infringement, or warranties of any kind.
Sugartrax makes no other warranty either expressed
or implied, of merchantability, fitness for any particular use or
compatibility with any software, computer or other kind of equipment. Neither
Sugartrax nor any of its trustees, agents, employees, representatives
or associates shall be liable for any damages. Sugartrax makes no
representation or warranty that the User's access to and use of
the Site (1) will be uninterrupted or error-free (2) is free of
viruses, unauthorized code, or other harmful components, or (3)
is secure. Users are responsible for taking all precautions necessary
or advisable to protect against any claim, damage, loss or hazard
that may arise by virtue of use of the Site. The entire risk as
to the quality and performance of any material from this Site is
with the user.
Under no circumstances will Sugartrax or the owner
of any Media contained within the Sugartrax web site be liable for
any direct, incidental, consequential, indirect or punitive damages
(including any lost profits or lost savings), or from User access
or use of the Media on the Site. In any event, the combined limit
of liability of Sugartrax and the copyright holder of the Media shall
be the fee paid by the user for the Media on the Site. Users acknowledge
that without their agreement to this limitation of liability, we
would not provide access to the Site or permit any use of the Media.
Users agree to indemnify and hold Sugartrax, its
directors, owners, shareholders, employees, agents, representatives,
licensors, successors and assigns, harmless from any and all claims,
liabilities, damages, costs and expenses, including reasonable attorney's
fees, arising from violation of these Terms of Use, or other breach
of this Agreement.
Sugartrax may assign these Terms of Use, in whole
or in part, at our sole discretion. You may not assign your rights
under these Terms of Use without Sugartrax's prior written permission.
Any attempt by you to assign your rights under these Terms of Use
without the written permission of Sugartrax shall be deemed null and
void.
Sugartrax protects privacy of it's users and clients. Please see
our Privacy Policy.
These Terms of Use constitute the entire agreement
between you and Sugartrax . Our failure to exercise or enforce any
right or provision of these Terms of Use shall not constitute a
waiver of such right or provision. If any provision of these Terms
of Use is found by a court of law to be invalid, the parties agree
that the other provisions of these Terms of Use remain in full force
and effect. Users agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Site or these Terms of Use must be filed within one
year after such claim or cause of action arose or it shall be forever
barred.
You will not disclose access codes or passwords used in accessing
any area of the Sugartrax web site to any other party and will maintain
such codes or words as confidential. You will exercise due diligence
and maintain strict safeguards on all sounds received by you from
Sugartrax to prevent unauthorized use or distribution thereof. Sugartrax
reserves the right to remove any usernames and/or passwords and
ban, without notice or refund of fees, any members posting
Sugartrax' sounds, usernames, passwords or links, to any newsgroups,
message boards, web site's or forums. If you become aware of any
unauthorized use or distribution of the sounds, you shall immediately
notify Sugartrax via our contact form.
You
will indemnify, save, hold harmless and defend Sugartrax from and
against any and all claims, demands, suits, damages, liabilities
and all reasonable expenses, including attorneys' fees, against
or suffered by Sugartrax with respect to any matter that arises as
a result of a breach of this agreement by you.
You acknowledge that Sugartrax has a proprietary interest in the Sounds
and that any use by you that intends to frustrate the purpose of
this agreement, including but not limited to selling, licensing, or
otherwise distributing the sounds would cause irreparable injury
to Sugartrax in a way that could not be adequately compensated by damages.
You agree that, in the event of such improper use, Sugartrax shall
be entitled to an immediate injunction without the requirement of
posting a bond.
Sugartrax expressly disclaims all warranties of conditions of any
kind, express or implied, including without limitation, the implied
warranty of title, non-infringement, merchantability and fitness
for a particular purpose.
You agree that Sugartrax' cumulative liability with respect to any
claims made in relation to or arising out of this agreement on any
theory or basis will not exceed the original purchase fee paid by
you to Sugartrax.
Sugartrax
reserves the right to amend site/cd/dvd content & prices without
notice.
Where media and advertising agencies wish to directly resell or
re-license our music to their own clients, permission must be granted
by Sugartrax in a separate licensing agreement. This type of specialist
agreement can be obtained by contacting Sugartrax via our contact form.
You
are NOT permitted to include our music in "web site
templates or multimedia templates"
that are sold or given away freely by such organizations as www.templatemonster.com this is regarded as reselling our material in a ''native'' format
and is not acceptable unless you have negotiated a custom license
agreement with our licensing department. This type of specialist
agreement can be obtained by contacting Sugartrax via our contact form. |
