The following information is provided to Members and Visitors to Soundbrokers and those products, services, applications controlled by or partnered with Soundbrokers regarding our terms for use of services and our policy towards your privacy.
Hello, we are SoundBrokers ("we, us, the Company, SoundBrokers, the Service"), a digital platform dedicated exclusively to Independent Film & Music. SoundBrokers is a privately owned entity, registered as a Limited Liability Company in the United States of America, with principle offices located in New York and New Jersey. SoundBrokers owns and reserves the trademark(s) "#soundstories" and "#soundstock". Our vision is to empower over 6 million Independent Artists and 7 billion Fans of worldwide with a new, fun means of interaction and financial reward. By use of the website (soundbrokers.co) or our affiliated domains, products and services, you agree to comply with all terms of service.
Terms Of Services Changes
SoundBrokers reserves the right to change, update, add-to the TOS from time to time. We will usually inform you of any changes by posting the updated TOS on-site. If we make any material changes to these TOS, we will post a notification on-site or via email, asking you to review changes to these TOS the next time you login to access the services. Your continued use of the services after changes are communicated as set out in this section will indicate your acceptance of those changes. If you signup for, or visit, additional services from SoundBrokers, those additional services are to be governed by terms associated with those services, which will apply in addition to these TOS. If there is a conflict between these TOS and additional services, the latter shall take precedence with respect to the additional services and these TOS remain entact. SoundBrokers reserves the right, at its sole discretion, to modify, discontinue or terminate the services at any time and without prior notice. SoundBrokers may restrict, deactivate or terminate access to the services for any reason.
To be eligible to use the Services, you must either be a Visitor, meaning browsing pages on soundbrokers.co without registering, and are restricted from accessing data sensitive areas or by registering as a Member (Artist, Fanster) and granted access to data sensitive areas. Whether as a Member or as a Visitor, you represent and warrant that: (a) all required registration information you submit either as part of the SoundBrokers registration process or by your registration through a Partner Community is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your access to SoundBrokers as a Visitor and/or Account on SoundBrokers may be denied and/or deleted without warning if we have reason to believe that you do not meet these eligibility requirements. Parental control protections for computers and mobile devices are commercially available that may assist you in limiting access to material that is harmful to minors. Information about protecting children online is available at: http://www.onguardonline.gov/topics/protect-kids-online
These TOS shall remain in full force and effect while you use the Services. You may request deletion of your SoundBrokers Account at any time, for any reason, by emailing support at email@example.com. SoundBrokers may restrict, deactivate or terminate your Account for any reason.
Effect Of Termination
You understand that termination of these Terms of Service and your SoundBrokers status may involve deletion of all your information from our live databases without the ability to reactivate or restore features of the account, but that our servers may maintain such information for archival or legal purposes. We will not have any liability whatsoever to you for any restriction, termination or related deletion (or retention, as stated above) of your information.
Permission Of Use
The Services are made available to you for your commercial use. You may not use SoundBrokers to promote a product or service, except where designated and SoundBrokers makes no guarantee of traffic to any particular published page, IMO, profile, etc. You may not modify, reproduce, distribute, publish, license, create derivative works from nor sell any information or software associated with the Services. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or that could interfere with any other party's use and enjoyment of the Services. You may not use any third-party APIs, software, tools or scripts to access the website or the underlying technology, unless expressly authorized in writing by SoundBrokers, or as permitted in any other agreement you enter into with SoundBrokers.
Intellectual Property Ownership
You acknowledge that SoundBrokers owns all right, title and interest in and to the Services, including without limitation, all underlying software and technology and all Intellectual Property Rights in relation to the Services, other than as described in of these Terms of Service. "Intellectual Property Rights" means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including without limitation applicable patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide. SoundBrokers grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided to you as part of the Services for the sole purpose of your use of the Services to the extent permitted under these Terms of Service.
SoundBrokers respects the Intellectual Property Rights of its Members. If you believe that your content has been copied, posted or included within the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under 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. We reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate membership privileges of any SoundBrokers Member who repeatedly is accused of infringing copyrights. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: SoundBrokers LLC, Attn: Copyright Agent, firstname.lastname@example.org .
The term "Content" has several variations on SoundBrokers and may contain singular or multiple elements. Such content may include verbiage/textual, audio, graphic/visual, video, fonts, glyphs, etc., displayed through page display, transmitted through electronic mail, in a document, posting, comment, reports and other such materials. In addition to digital content, printed content in various forms is included in these terms. SoundBrokers owns or controls all right, title and interest in the Services and in the Content that it has placed on and within the Services, including its logos, trademarks and all other Intellectual Property Rights it controls ("SoundBrokers Content").
Third Party Content
Content from other Users, advertisers and other third parties may be made available to you through the Services as you interact with as part of the Services ("Third Party Content"). You may add or recommend such Third Party Content to the SoundBrokers Services and to other Users by submitting an email request, and you may share Third Party Content with others through email, messaging or through your social network using the share feature or exact hyperlink display. We do not filter or otherwise exercise control over such Third Party Content, unless it interferes with or breaches these Terms. Accordingly, you agree that we are not responsible for any such Third Party Content, including advertising and/or information about third-party products or services. We make no guarantees about the accuracy, currency, suitability, quality or legality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Third Party Content. By choosing your preferences, you may have the option to designate types and categories of Content you prefer to access, but SoundBrokers cannot guarantee that you will only access the types and categories of Content you designate. SoundBrokers is not responsible for Third Party Content that contains or delivers viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware, or other harmful content or code. Rather, you are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies.
Except for that Content that is owned by you, that is in the public domain, as expressly permitted under these Terms of Service, you agree not to (i) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services; (ii) rent, lease, loan or sell access to the Services; or (iii) decompile, reverse engineer or copy any Content (other than the Content you post) or the Services. You also agree to not remove, obscure or alter SoundBrokers' copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Services. You will not interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services.
You agree that you will not post nor recommend through the Services any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming"; (iv) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (v) infringes the Intellectual Property Rights of another person; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or (viii) otherwise violates applicable law, the terms of these Terms of Service or potentially creates liability for SoundBrokers. Any accounts posting, hosting or recommending Prohibited Content are subject to termination. We reserve the right to remove Content (including websites, hyperlinks, etc) that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. We also reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service. We have the right (but not the obligation) to investigate or review any Content (including websites) and delete (or modify) any Content that in our sole judgment violates these Terms of Service or which is Prohibited Content, or may otherwise violate the rights, harm or threaten the safety of any User or any other person, or create potential liability for us or any User.
User Generated Content
SoundBrokers does not claim ownership in any User Generated Content that you post, deliver, or otherwise make available to the Services, through Members Profiles, Journies or other features of the Services, that may allow you to post Content ("User Generated Content"). By posting UGC, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute your User Generated Content in any and all media or distribution method (now known or later developed) throughout the world. The licenses granted under this Section will survive the termination or expiration of these Terms of Service for any reason. You are solely responsible for any and all User Generated Content that you post on the Services and for your interactions with other Users. You should only post User Generated Content to the Services that you own and that you are comfortable sharing with others under the terms and conditions set forth herein. You may not post a photograph or video of another person without that person's permission. Other Users of the Service may be able to view any Content posted to the Services. You represent and warrant that: (i) you own the User Generated Content posted by you on the Service or otherwise have the right to grant the licenses set forth in these Terms of Service, and (ii) your User Generated Content and the use of it by SoundBrokers as permitted by the license granted in these Terms of Service does not violate the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person.
Breach Of Terms
Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services, deactivation and deletion of your SoundBrokers account and forfeit to all rewards financial and non-financial associated with the Services.
In order to cooperate with legitimate governmental or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of SoundBrokers or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and content we consider necessary or appropriate, including, without limitation, SoundBrokers Profile information (i.e. name, email address, etc.), IP address, traffic information, usage history and posted content.
Disclaimer Of Warranties
The Services are provided "as is" and on an "as available" basis, with no warranties whatsoever. SoundBrokers expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. SoundBrokers disclaims any warranties regarding the security, reliability, timeliness, availability, quality and performance of the Content and the Services. SoundBrokers disclaims any responsibility for any harm resulting from your viewing of the Content and use of the Services. You understand and agree that you view the Content and use the Services at your own discretion and risk and that you will be solely responsible for any injury to you, damages to your computer system or loss of data that results from your viewing of the Content and use of the Services. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Under no circumstances shall SoundBrokers be liable to any User on account of that User's use or misuse of the Content or the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if SoundBrokers has been advised of the possibility of such damages). This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Content or Services, from inability to use the Content or Services, or from the interruption, suspension, or termination of the Content or Services (including such damages incurred by third parties). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You hereby release us, our officers, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death and property damage, that is either directly or indirectly related to or arises from (i) any interaction you have with other Users, or (ii) your participation in any of our offline events. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree to defend, indemnify and hold SoundBrokers, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Content or Services or your violation of these Terms of Service.
Your interaction with other Users on the Services or with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that SoundBrokers will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party's use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved and you agree not to involve us unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
Third Party Partners & Services
The Services may contain links to third party websites, applications and/or services ("Third Party Services") (i) placed by us as a service to those interested in this information; or (ii) posted by other Users. We may also place links or enable interoperability to Partner Communities or use other means that allow you to connect the SoundBrokers Services to Partner Communities to give you more possibilities. You use all such links to Third Party Services and Partners at your own risk. To the extent such links are provided by us, they are provided only as a convenience and such links to Third Party Services or Partner Communities do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Service or Partner Community. We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of Third Party Services or Partner Communities or links from those third parties back to the Services. You should review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or Partner Communities and should make whatever investigation you feel necessary or appropriate and choose appropriate settings for sharing your personal information before proceeding with any interaction with a Third Party Service or Partner Community.
If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to contact us directly using direct email to email@example.com.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
These Terms of Service shall be governed in all respects by the laws of the States of New Jersey or New York without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against SoundBrokers must be resolved by a court located in Bergen County, New Jersey or New York County, New York, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Bergen County, New Jersey or New York County, New York for the purpose of litigating all such claims or disputes. If for any reason a court of competent jurisdiction finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service constitutes the entire agreement between the parties with respect to the subject matter and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by SoundBrokers.
Alterations or additional provisions will be listed here. Visitors and Users are responsible for reviewing updates.
i. User Provided Information. You may provide certain personally identifiable information to SoundBrokers directly, such as first and last name, mobile number, physical address, tax information (such as a Social Security Number), credit card or PayPal information, and email address (collectively, "Personally Identifiable Information") when choosing to register, to purchase through the Service, to participate in promotions or surveys, or to subscribe to any newsletters or other distribution lists. You may also provide Personally Identifiable Information through text, photo, video, audio means.
iii. Log Files. Log file information is automatically reported each time a webpage is opened. When You register with or use the Service, our servers automatically record certain information that your web browser sends whenever You visit a website. These server logs may include information such as your IP address, browser type and language, number of clicks, domain names of websites visited, pages viewed, order of those pages, amount of time spent on particular pages, date and time, etc.
iv. Clear Gifs. When You use the Service, we may use clear gifs (aka web beacons) which are pieces of data used to track the online usage patterns of our Users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make SoundBrokers better for our Users.
Information collected through clear gifs and cookies, and log file information is largely non-personally identifiable information because such information is not collected or used in such a way that an individual User can be identified, for example, by name or email address (collectively, "Non-Personally Identifiable Information"). Collected information may be Personally Identifiable Information or Non-Personally Identifiable Information.
Usage of Information
We may use your Personally Identifiable Information for billing purposes, payment purposes (including any tax-related purposes), administrative purposes, such as notifying You of major changes in Service, news, and for other customer service purposes. You hereby consent to our use of your email address to send you such information. Also, we may provide credit card and ordering information to payment processors, including Paypal, but we do not retain such information.
We may use collected information to: (a) remember information so that You will not have to re-enter it during your current or subsequent visits to the Service; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and traffic; (e) track User Content, and status in any promotions, sweepstakes, and contests; (f) diagnose or fix technology problems; (g) access your information after You sign in; (h) market our Service to advertisers and other third parties; (i) to improve the quality and design of the Service and to create new features by storing, tracking, and analyzing your preferences and trends; and (j) verify your identity for payment and taxation purposes. SoundBrokers account Username and/or Real Name, that you select, may be displayed on the Website (as in Profile, IMO, Wall, Radio, Blog, API and other viewable areas of the website).
Any information or User Content submitted, transmitted, or uploaded to the public areas of the Service becomes publicly available and can be collected and used by other Users, who may forward this information or User Content to other websites or people. Be aware that if Your User Content includes personal information, such as your name and email address, other Users will have access to it. Although SoundBrokers has set in place content protected measures, they do not guarantee the protection from public view nor downloading.
In order to describe our Service to prospective partners, advertisers and other third parties we may disclose aggregate user information. We share Non-Personally Identifiable Information (such as anonymous data use) with third parties to assist them in understanding our Service, including Users' use of our Service and the success of promotions.
We may release collected information if required by law, or if we believe that such action is appropriate to comply with state and federal laws or respond to a court order, law enforcement request or demand, subpoena, or search warrant. We may disclose collected information to applicable entities (for example, the Internal Revenue Service and third party payment providers) with respect to payment and tax-related purposes. We may also share collected information in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including but not limited to, fraud; potential threats to public safety or the physical safety, property, or rights of any person; or violations of our Terms of Service.
Third Party Services
You may update or correct your Personally Identifiable Information at any time as indicated on the Service or by sending us an email, as noted in the Further Inquiry section below. If You or SoundBrokers intend to delete any User Content provided by You, we cannot guarantee that your User Content will be completely removed from all User devices or from their web pages, nor that other Users will not misuse any content that You supply. In addition the other Users may have already copied and forwarded your User Content to others, making recovery impossible.
We have put in place commercially reasonable physical, managerial, and technical procedures to protect your Personally Identifiable Information and other data from loss, misuse or alteration and to safeguard and secure the data You provide. While we strive to protect such information after it arrives at our servers, we cannot guarantee the security of any information that is being transmitted over the Internet, or guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. As a result, You provide such information at your own risk.
In the event that we acquire, are acquired by, merge with a third party entity, we reserve the right to transfer or assign all collected information as part of such merger, acquisition, sale, or other change of control. In the unlikely event of bankruptcy or similar situation, we may not be able to control how your information is treated, transferred, or used.