Welcome to AudioMicro.com. This website is maintained as a service to our customers, clients and content providers.
Please read the following Terms of Service carefully before using the AudioMicro Service, so that you are aware of your legal rights and obligations with respect to AudioMicro and the Service.
These Terms of Service together with all updates, additional terms and all of AudioMicro’s rules and policies, including but not limited to our Content Provider Agreement, Content License Agreement and our Privacy Policy, as applicable, collectively constitute the contract between you and AudioMicro. By using the Service, you accept the terms of these Terms of Service. Further, you agree to ensure that anyone who uses the Service on your computer or anyone who uses the Service using your AudioMicro account also abides by these Terms of Service. AudioMicro has the right to revise these Terms of Service and all other Legal Agreements applicable to AudioMicro at any time without providing notice to its users. Your continued use of the Service shall be deemed acceptance of any revisions or modifications to these Terms of Service. You can view the most recent version of these Terms of Service at any time by going to www.AudioMicro.com and clicking on the link labeled Legal Document and then clicking on the link labeled Terms of Service.
We reserve the right to change, modify, suspend or discontinue any portion of the Service at any time. We may also impose limits on certain features or restrict your access to parts or the entire Service without notice or liability.
If you do not agree to these Terms of Service, do not use this website.
1.1 Content
Any Sound Recording available for download or preview through the Service, including but not limited to stock music, production music, music cues, production elements, sound effects and the like (each one a “Sound Recording” and together “Sound Recordings” as further defined below) regardless of whether such Content is obtained via download from the AudioMicro.com, delivered via any Storage Media that is now known or may become known in the future, or obtained from a third party authorized by AudioMicro to distribute or perform the Content, together with all accompanying material.
1.2 Content Provider
Any person or entity or their agent or the like who makes a Sound Recording available for download on AudioMicro.com through acceptance of this Content Provider Agreement.
1.3 Invoice
Any computer-generated or printed form or document provided by AudioMicro, or any AudioMicro authorized third parties, that sets forth, without limitation, the specific parties contracting for use of the Content selected, the limitations on the license (as applicable) of the Content and the corresponding price(s) for the license of such Content. The term "Invoice" includes any confirmation pages, or receipts provided to you in connection with an on-line payment transaction that contain additional licensing terms.
1.4 The Service
The “Service” is defined as follows: Any content, licenses and services available through http://www.AudioMicro.com/.
1.5 Sound Recording or Sound Recordings
Any sound recording, including but not limited to stock music, production music, music cues, production elements, sound effects and the like (each one a “Sound Recording” and together “Sound Recordings”) recorded by you.
1.6 Storage Media
Any USB Flash Drive, CD-ROM, digital video disc (DVD), floppy disk, or any other storage device or media now known, or hereafter created.
1.7 User
The individual, legal entity or agent (referred to in most contexts as either Content Provider or licensor pursuant to a Content Provider Agreement or as a customer or licensee pursuant to a Content License Agreement) entering into or potentially entering into a contract with AudioMicro or any employee or contractor of such individual, legal entity or agent that edits, manipulates, performs, mechanically reproduces, synchronizes or modifies Sound Recordings or Content or is otherwise directly involved in the creative process. All Users shall use the Service in accordance with the terms and conditions of these Terms of Service and, as applicable, Content Provider Agreement, a Content License Agreement or both.
1.8 You or Your
Refers to a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.
The Service is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Only individuals over the age of 18 may use the Service without first obtaining the consent of a parent or legal guardian and providing written proof of consent to AudioMicro. For more information regarding eligibility of minors please review our Minor Authorization and Consent form at http://www.audiomicro.com/legal-doc/minor-authorization-and-consent-form . The Service is not available to persons under the age of 18 who have not provided AudioMicro with written consent of a parent or legal guardian.
Whether you are a Content Provider of a customer or both, if your AudioMicro account is suspended for any reason, the Service is not available to you.
This website is intended for adults only. This website is not intended for children under the age of 13.
3.1 To obtain access to the Service, you have to sign up with AudioMicro and apply for an AudioMicro account (an “Account”). Once you are granted an Account, you become an AudioMicro account holder. As an AudioMicro account holder you may choose to upload and license Sound Recordings to AudioMicro or download or license Content from AudioMicro.
We reserve sole discretion over whether to grant you an Account.
3.2 You agree to provide complete, true and accurate information required to register with the Service, including but not limited to your e-mail address and credit card information (“Registration Data”). You further agree that we may store and use your Registration Data for use in maintaining your Account and billing fees to your credit card.
3.3 You are responsible for maintaining the confidentiality of your Account, and you shall not distribute this information or allow others to use this information to gain access to the Service. You shall be liable for payment for all Sound Recordings downloaded by you and by others using your Account without respect to whether Sound Recordings were downloaded with your permission or knowledge prior to the time that you notify us of any unauthorized use of your Account.
By uploading Sound Recordings, you agree to the terms and conditions as set in our Content Provider Agreement which is available at AudioMicro.com and is incorporated into these Terms of Service by reference.
Pursuant to the terms of our Content Provider Agreement, AudioMicro may delete, move, refuse to accept or edit any Sound Recording uploaded by you that are deemed unacceptable in AudioMicro's sole discretion. Thus, if any one of your uploaded Sound Recordings is deemed unacceptable, it may be deleted or moved to the "Free Clips" section of AudioMicro.com.
5.1 Limited License
Subject to the terms of these Terms of Service and, as applicable, our Content License Agreement, AudioMicro grants you a perpetual, single use, non-exclusive, non-sublicensable, non-assignable, license to (i) synchronize Content with visual productions and the like, (ii) mechanically reproduce, record and/or duplicate the Content for private use and perform electrical transcription of the Content for private use and (iii) publicly perform the Content in a place open to or generally available to the public or transmit the Content by means of any device (internet, broadcast, telephone, wire, wireless phone, etc.) to the public.
For the avoidance of doubt, your license to synchronize Content with visual productions gives you license during the Term of your Content License Agreement to synchronize the Sound Recordings to television programs, radio commercials, TV commercials, websites (in a streaming format only), corporate videos, power point presentations and the like. This license shall continue in perpetuity for any media created hereunder during the Term, but shall not be applicable to any media created after the Term's expiration or termination. This license remains subject to all applicable copyright laws and in no way should be construed to grant you copyright in the Content.
All other rights in and to the Sound Recordings and accompanying materials are explicitly reserved by AudioMicro and/or its Content Providers, as applicable.
5.2 Your Limited Rights as Account Holder
You shall not sell, assign, rent, lease, distribute, act as an intermediary or provider, or otherwise grant rights to third parties with regard to Content downloaded by you. However, you may sell, assign, rent, lease, or otherwise distribute original media created by you under these Terms of Service, provided that any such third party buyer, assignee, renter, leasee, or distributor agrees to and is bound by the terms and conditions hereunder.
5.3 Obligation to Preserve All Sound Recordings in their Original Form
You shall not undertake, cause, permit or authorize the modification of or the creation of derivative works or translation of Sound Recordings in the manner contemplated by Section 5.4 of these Terms of Sevice.
5.4 Unauthorized Use of Sound Recordings
Sound Recordings shall not be used unaccompanied and shall not be used as a solo item. Further, Sound Recordings shall not be incorporated into other music catalogues or any format or device capable of reproducing the Sound Recordings as a solo item. Sound Recordings shall not be used in a way that could be considered defamatory, pornographic, libelous, immoral, obscene, fraudulent, or illegal. Any such use provides grounds for AudioMicro to suspend your Account.
5.5 Agreement to Pay All Fees Associated with Downloading and/or Licensing Content
You agree that you are jointly and severally liable for all fees associated with downloading and/or Licensing Content from AudioMicro and further agree to be bound by the terms and conditions of our Content License Agreement. See Article 6 of these Terms of Service.
5.6 Ownership
All Content available on AudioMicro.com is and shall be continue to be the property of AudioMicro, Inc. or its Content suppliers and/or Licensors and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content or any part of AudioMicro.com is prohibited, except as expressly permitted in these Terms of Service. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of AudioMicro.com.
5.7 No License Granted for Free Clips
All Content downloaded for free from this website is for the downloader’s personal enjoyment only and is not to be used for any other purpose. No license or right of any sort is granted to you by us when you preview and/or download a “Free Clip” at or from AudioMicro.com.
6.1 General
Uploading Sound Recordings pursuant to the terms of our Content Provider Agreement is free. Fees are charged to Accounts for downloading Sound Recordings pursuant to the terms and conditions of our Content License Agreement. You agree to pay for each Sound Recording you download (i.e., Content) and each Account credit package you may purchase through the Service. You agree that we may charge your credit card for any Sound Recording and/or credit package purchased and for any additional amounts due (including but not limited to taxes, late fees and applicable credit card fees).
6.2 Default Currency is U.S. Dollars
All Account transactions are made and displayed in U.S. Dollar unless otherwise specified and may be subject to exchange rates.
6.4 All Payments by Credit Card and / or PayPal
You shall make payments using a major credit card accepted by AudioMicro or using PayPal.
6.3 Automatic Fee Billing
Any fees applied to your account will be billed automatically to the credit card and / or PayPal account you designate during the Service registration, purchase, and sign up process. After you become an Account holder you are free to designate another credit card for billing provided the credit card account holder of the card is the same as the card used for registration.
6.5 We Reserve the Right to Change Our Fees
We reserve the right to change our fees at any time. We shall provide you with reasonable notice of any changes to our fees and we agree to use the email address provided by you during registration or, as we deem necessary, any other email address provided by you during your dealings with AudioMicro to provide you with email notice of any changes to our fees.
AudioMicro shall be entitled to terminate any agreement between you and AudioMicro and/or your Account or both at its sole discretion and without any notice to you if we believe that you have failed to comply with any provision of these Terms of Service. Upon termination you shall remain liable for all fees and amounts due under your Account.
8.1 You acknowledge and agree that the Service contains proprietary information and material that are owned by AudioMicro and its licensors or both and that this information and material are protected by applicable intellectual property rights, including but not limited to copyright, trademark and patents.
8.2 Nothing in these Terms of Service intends to transfer any intellectual property rights to, or to vest any intellectual property rights in you. You are only entitled to the limited use of the Sound Recordings granted to you in these Terms of Service. You shall not take any action to jeopardize, limit or interfere with others' intellectual property rights. You acknowledge and agree that any unauthorized use of others' intellectual property rights is a violation of these Terms of Service as well as a possible violation of intellectual property laws, including without limitation copyright law, trademark law and patent law.
8.3 You agree that you will not remove, obscure, make illegible or alter any notices or indications of either intellectual property rights or AudioMicro’s rights and ownership thereof.
9.1 You acknowledge and agree to use the Service solely for lawful purposes. Access to the Service may be terminated without notice should you be deemed to be using your Account for any unlawful purpose.
9.2 You agree that you shall not use any robot, spider, scraper or other automated means to access the Service for any purpose without the express written consent of AudioMicro. Use of a robot, spider, scraper or other automated means to access the Service is prohibited unless AudioMicro consents in writing to such use. Anyone using a robot, spider, scraper or other automated means to access the Service without the express written consent of AudioMicro shall be denied access to the Service and liable for fees associated with any downloads as well as separate fees as described in the applicable Content License Agreement.
9.3 You agree that you shall not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Service without our prior expressed written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Service; or (iv) harvest or collect information about the users or members of the Service; or (v) use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
9.4 Further, your activities through the Service shall not: (i) be false, inaccurate or misleading; (ii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) violate any law, statute, ordinance or regulation; (iv) contain any viruses, Trojan horses, spyware, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
AudioMicro will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on http://www.audiomicro.com/, send us a notice at Legal[at]AudioMicro.com. containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the AudioMicro website; (iv) information sufficient to permit AudioMicro to contact you, such as your physical address, telephone number or email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows: By mail: AudioMicro 13351-D Riverside Drive, #219, Sherman Oaks, CA 91423 ; By E-mail: Legal[at]AudioMicro.com.
Without limiting other remedies, we may limit your activity, immediately remove your Account and/or Sound Recordings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach these Terms of Service or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
We may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). AudioMicro is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with the products.
We do not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use your information as described in the Privacy Policy which is incorporated into these Terms of Service by reference.
Please review our Privacy Policy available by going to www.audiomicro.com and clicking on the link labeled “Privacy Policy.” By using the Service, you agree to the terms of our Privacy Policy. If you object to your information being transferred or used in conformance with our Privacy Policy do not use our Service.
We reserve the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Specifically, we reserve the right to and you agree through your use of the Service to allow us to use your username and site logo to promote AudioMicro and AudioMicro.com and our affiliates.
ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH AUDIOMICRO.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE, OUR SUBSIDIARIES, AND OUR LICENSORS DO NOT WARRANT: (A) THAT MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH AUDIOMICRO.COM ARE ACCURATE, RELIABLE OR CORRECT; (B) THAT AUDIOMICRO.COM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH AUDIOMICRO.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF AUDIOMICRO.COM AND THE SERVICE IS SOLELY AT YOUR RISK.
UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES UNDER ANY OTHER LEGAL THEORY THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SOUND RECORDING OR PRODUCT MADE AVAILABLE THROUGH THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AUDIOMICRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE EXTENT THAT AUDIOMICRO IS FOUND LIABLE BY A COURT OF LAW, THAT LIABILITY, AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, OR OUR LICENSORS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF DOWNLOAD OR LICENSE FEES EXCLUDING LATE FEES, CREDIT CARD FEES AND TAX FEES YOU PAID TO AUDIOMICRO IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY
You represent and warrant that you are authorized to enter into our Terms of Service and comply with its terms and conditions. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Service.
You agree to indemnify, defend and hold AudioMicro, its subsidiaries, affiliates, directors, officers, employees advisers, lenders and investors harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of your (a) violation or breach of any term of these Terms of Service or any applicable law, regulation, policy or guideline, whether or not referenced herein, (b) violation of any rights of any third party, (c) use or misuse of the Service or (d) use or misuse of AudioMicro.com.
18.1 Modification of Terms of Service
AudioMicro reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on AudioMicro.com. Your continued use of the Service shall constitute your acceptance of the terms and conditions of the revised Terms of Service.
18.2 Entire Agreement
The terms and conditions of these Terms of Service constitute the entire agreement between you and AudioMicro with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
18.3 Severability
Should any term or provision of these Terms of Service be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of these Terms of Service shall nonetheless remain in full force and effect.
18.4 No Waiver
Unless expressly waived in writing and signed by AudioMicro, the failure of AudioMicro at any time or times enforce any term of these Terms of Service or to require performance of any obligations under these Terms of Service shall not affect AudioMicro's right at a later time to enforce the same or to require performance of same.
18.5 Not Assignable Without Consent
You shall not assign these Terms of Service or any rights hereunder without the prior written consent of AudioMicro. AudioMicro reserves the right to assign these Terms of Service or any rights or obligation under these Terms of Service without your consent.
18.6 Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the state of California without giving effect to the laws of your actual state or country of residence.
18.7 Venue
Any legal proceedings arising out of or relating to these Terms of Service shall be brought solely in the Federal District Court of the District of California and you expressly consent to the exclusive jurisdiction of the federal courts of the State of California, United States.
18.8 Consent to Service
In relation to legal proceedings arising out of these Terms of Service, you consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
You agree to comply with all applicable laws regarding your use of AudioMicro.com. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Contact us by clicking here:
http://www.audiomicro.com/contact-us
Or contact us by email at:
support[at]audiomicro.com
Or contact us by mail at:
AudioMicro, Inc.
P.O. Box 57797
Sherman Oaks, CA 91413