INTRODUCTION – PURPOSE
Audioblink is an online platform for downloading a wide variety of sounds destined to any media project. Music is intrinsic to every commercial, trailer, film, video-game, presentation etc. and the capacity to search and licence publicly available music clips encourages the continuation of experimentation and creation.
These Terms of Service apply to all visitors and users of the Audioblink website, including members who have paid a membership fee.
User Accounts & Submissions
In order to access some features of the website or download sounds, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Audioblink immediately of any breach of security or unauthorized use of your account. Although Audioblink will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Audioblink or others due to such unauthorized use.
You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with user submissions, you affirm, represent and warrant that you own or have all the necessary licences, copyrights, consents, and permissions to use and authorize Audioblink to use any sound clip that you submit in the manner contemplated by the website and these Terms of Service.
For clarity, you retain all of your ownership rights in your user submissions. However, by submitting any audio clip to Audioblink you hereby grant Audioblink a worldwide, non-exclusive, royalty-free, sub-license able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with the Audioblink website and Audioblink’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Audioblink website (and derivative works thereof) in any media formats and through any media channels.
BILLING AND SUBSCRIPTIONS
Audioblink reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected users of any such changes. You agree to promptly provide Audioblink with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.
You are prohibited from any use of the website or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the website; and (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any website content without the prior expressed permission of Audioblink. You may not consummate any transaction on the website, or that was initiated using our service, that could cause us to violate any applicable law, statute, ordinance or regulation.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the website in a manner that sends more request messages to the Audioblink servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Audioblink grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Audioblink reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their user submissions.
You also hereby grant each user of the Audioblink website a worldwide licence (the Audioblink License) to access your audio submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the website and under these terms.
You agree that your use of the Audioblink website shall be at your sole risk. To the fullest extent permitted by law, Audioblink, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with sounds of the website, the website itself and your use thereof. Audioblink makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Audioblink website. Audioblink does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Audioblink website or any hyperlinked website or featured in any banner or other advertising, and Audioblink will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.