The Sugartrax music licensing store terms and conditions of use

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.

Site Ownership

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.

License Terms

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 contact us directly 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.

Cue Sheets

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.

Evaluation Licenses - MP3 Downloads Usage Restrictions

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.

Editing of the sounds

Licensee is permitted to process and edit the duration of the sounds as is necessary for use in Licensees project.

Email and Spam Filters

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.

Derivative Works

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.

General Disclaimer

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.

Exclusion of Damages

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.

Limitation of Liability

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.

Indemnity

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.

Assignment

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.

Privacy

Sugartrax protects privacy of it's users and clients. Please see our Privacy Policy.

Entire Agreement

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.

Access

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.

Injunctive Relief

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.

Disclaimer of Warranties

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.

Limitation of Liability

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.

1999-2009 Sugartrax. All rights reserved.