Terms

These terms of use (the "Terms") establish the conditions under which you may access and use this website (the "Site") offered by e-soundtrax (the "Artist").

By using the Site, you, your authorized representative or any entity you represent accept these Terms as well as the Privacy Policy, and agree to be bound by them. Therefore, you shall read these Terms as well as the Privacy Policy and ensure that you understand them before using the Site.

By subscribing to our services, you will also be subject to the terms of the license (the "License"), additional to these Terms and the Privacy Policy (collectively, the "Agreement").

You hereby represent and warrant that: (1) you have read the Agreement, understand the Agreement, and agree to engage with the Artist under the Terms; (2) your age does not limit you from legally engaging in the Agreement, and you are not legally prohibited from engaging in the Agreement; (3) you are authorized to enter into and perform the Agreement on your own behalf or for the entity whose details were specified when you subscribed to our services.

1. Creating an Account.

To use the Artist's services and receive a license to use the Assets (music audio files and licenses) as specified in these Terms and in the License, you shall (i) create an account on the Site, (ii) provide us with your accurate and complete information and (iii) pay the applicable membership fees, except in the case of a free trial account. You are prohibited from providing us with a non-existent email address or an email address that does not belong to you, impersonating someone else, or otherwise provide misleading information regarding your identity or payment method information.

You shall protect the confidentiality and security of your account details (username and password), and you are fully responsible for all activities on your account. You shall inform us immediately of any unauthorized use of your account.

The account is personal (to be used by you, your company, or your representative) and you are not authorized to share the login details with other persons or entities.

2. Privacy policy.

Please review our Privacy Policy to learn how we collect and use your personal information.

3. Term, renewal, and termination.

 You may use the Site Assets indefinitely provided that you do not breach or violate any of the conditions of these Terms or the License. The artist reserves the right to close the site when deemed necessary without this implying any compensation or refund from the artist to you.

4. Return policy.

3 calendar days from the date of purchase or renewal ("Refund Period") provided that you have not downloaded any Assets during this Refund Period. You hereby understand and agree that you will not have right to any refund if: (i) you do not request a refund from the Artist during the Refund Period; or (ii) you download any Assets from the Site during the Refund Period. For clarification, this Article 4 does not apply to trial accounts and, therefore, if you are a subscriber with a trial account, you will have no right to any refund.

5. Intellectual Property.

The Assets and content on the Site as well as the services offered by the Artist, including but not limited to text, drawings, graphics, musical works, photos, the Artist's name, trademarks and logos, are protected by the Artist’s copyright and intellectual property rights.

You are prohibited from using the Artist's name, trademarks, and logos used on the Site.

You hereby acknowledge and confirm that you do not have and will not have any copyright or intellectual property rights on the Proprietary Content or recordings or Assets or content of the Site or the trademarks of the Site and

its design, and that your rights are restricted to those granted to you under these Terms and the License.

The Agreement authorizes you to use the Site and the Assets strictly under these Terms, provided that you undertake not to infringe or engage in activities that infringe the Terms of the Agreement, and in activities that

infringe intellectual property rights or the provisions of the License.

5.A. Prohibition of Use for Artificial Intelligence Training: The use of any music, sounds, or content available on e-soundtrax for training, developing, or enhancing artificial intelligence systems, machine learning, neural networks, or any similar technology is strictly prohibited. This restriction applies to any form of use, directly or indirectly, involving the processing, analysis, or modification of the content for purposes related to artificial intelligence development. Violation of this prohibition will result in immediate legal action.

6. The Artist's rights in the event of infringement by you.

You hereby acknowledge that any unauthorized use by you or anyone on your behalf of the Assets or the Site, or other use that violates the terms of the Agreement constitutes a breach and the infringement of copyright laws, and the Artist and anyone on the Artist’s behalf are fully entitled to seek any remedies under the law therefor. To the extent that the infringement is by a third party who uses Assets downloaded by you or who used your subscription (e.g., your employees or your agent), you are liable for such infringement and shall take action to immediately cease the infringement.

The Artist shall have the right, in their sole discretion and without prior notice, to temporarily or permanently block your access to the Site or its services in the event that you infringe any applicable law or any term of the Agreement, or in the event of a disruption of the regular activity of the Artist or their Site, and you are not entitled to claims or demands therefor.
The Artist reserves the right to disclose your personal information or information about your use of the Site, if necessary to: (1) comply with legal requirements or comply with orders in judicial proceedings or by relevant authorities authority under any law; (2) enforce the Agreement; or (3) protect the Artist’s rights in the event that you or someone on your behalf breaches the Agreement.

7. Disclaimer.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE AND THE SERVICES PROVIDED BY THE ARTIST ARE PROVIDED "AS IS," "WITHOUT WARRANTY OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY OTHER WARRANTIES THAT MIGHT ARISE UNDER ANY LAW; (II) THE ARTIST DOES NOT WARRANT THAT THE SITE OR THEIR SERVICES WILL BE UNINTERRUPTED OR INVULNERABLE TO DAMAGE, MALFUNCTION, DEFECTS OR FAILURES IN HARDWARE, SOFTWARE, COMMUNICATION SYSTEMS, ON THE SITE OR IN ANY OF THEIR PROVIDERS; (III) THE ARTIST SHALL NOT BE LIABLE IN THE EVENT THAT ANY OF THE ASSETS ARE UNAVAILABLE ON THE SITE FOR ANY REASON DURING THE TERM OF THE AGREEMENT; (IV) THE ARTIST SHALL NOT BE LIABLE FOR THE USE OF ANY ADDITIONAL CONTENT THAT YOU MAY INCLUDE IN PROJECTS MADE BY YOU OR YOUR COMPANY AND YOU SHALL BE SOLELY RESPONSIBLE FOR THEIR USE; (V) THE ARTIST RESERVES THE RIGHT TO REMOVE OR ADD ASSETS TO THE SITE AT ANY TIME; (VI) THE ARTIST SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, MONETARY, OR OTHER DAMAGES AGAINST YOU AS A RESULT OF: (1) CHANGES THE ARTIST MAY MAKE TO THE SITE AND THEIR SERVICES; (2) TEMPORARY OR PERMANENT CESSATION OF THEIR SERVICES; (3) CHANGING, ADDING, OR REMOVING ANY OF THE MODALITIES OR PROPERTIES OF THE SERVICES: (4) CHANGING, ADDING, OR REMOVING ANY CONTENT, RECORDS OR ASSETS OF THE SITE.

8. Indemnity.

You agree to indemnify the Artist, contributors, service providers, and any person for any damage, loss, loss of profit, payment or expense (including attorney's and legal fees) that may arise from your use of the Site and the services offered by the Artist as a consequence of a breach of the Agreement by you or your use of the Site's services violating any applicable law or third- party rights.

9. Third-party Services.

By subscribing to or using the Artist's services, you may also be using the services of one or more third parties, such as Internet or payment services providers. Such third parties may have their own terms, agreements, and policies, which may apply to you. You acknowledge and agree that the Artist is not responsible for the services and terms of such third parties or your compliance with them.

10. Modifications to these Terms

The Artist has the right to change or update these Terms, the License, and the Privacy Policy at their sole discretion. When changes are made, the new version of the Terms, License, or Privacy Policy will be published on the Site. In the event of significant changes, we may notify you. If you do not agree to the changes in such terms, you shall stop accessing and using the Artist's Site and services. By continuing to access or use the Site, you agree to be bound by the updated version of the Agreement, which will fully apply to you.

11. General Terms.

You are responsible for taxes and expenses that apply to you under the Agreement or your use of the Assets to the extent applicable. In the event that the Artist has to pay such taxes and expenses on your behalf, the Artist shall be entitled to collect such amounts from you without notice.

The Terms constitute the entire agreement between you and the Artist regarding your access to and use of the Artist's Site, Assets, and Services and any prior or future agreements, undertakings, or representations not specifically included in the Agreement shall not be valid. You hereby waive in advance any claim arising from the Agreement being modified or terminated due to your conduct or any issue between you and the Artist or anyone on your behalf.

If and to the extent that any provision of the Agreement is found to be invalid, illegal or unenforceable by a court, the validity of the remaining provisions of the Agreement shall remain.

* These terms of use apply to paying or trial users.