SOURCEAUDIO HOLDINGS, LLC
Terms & Conditions - E-Commerce


SourceAudio Holdings, LLC owns and operates this Website. This document governs your relationship with www.sourceaudio.com E-Commerce Music Licensing Platform (the “Website”). Access to and use of the Website and the music content available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by SourceAudio.com. SourceAudio has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Intellectual Property, Software and Content. The intellectual property rights in all software and content (including without limitation, all music and photographic images) made available to you on or through this Website remains the property of SourceAudio.com and/or its third party music library clients (“Music Licensors”) and may be protected by copyright laws and treaties around the world. All such rights are reserved by SourceAudio.com and the Music Licensors.

Terms of Each License. The Terms of the license granted to the user by the specific Music Licensor shall govern their rights to make use of the music, and SourceAudio.com has no obligation, liability or authority in connection therewith. Further, where a contract is made with a third party Music Licensor, SourceAudio.com is not acting as either agent or principal, but only the facilitator, and the contract is made between the user and that third party Music Licensor and will be subject to the terms of the license which they supply. When placing an order users undertake that all details you provide to us are true and accurate, that they are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the license. All fees are set solely by the third party Music Licensors and may be subject to change.

Our Fees. SourceAudio shall be paid a fee of Nineteen Dollars ($19.00) per month (via credit or debit card on file) for your use of this E-commerce Website. In addition, we will retain two percent (2%) of each and every music licensing transaction facilitated on this Website with a third party Music Licensor, up to a cap of Fifty Thousand Dollars ($50,000) per month.

Disclaimer of Liability. The music and other material displayed on this Website is provided without any guarantees, conditions or warranties on the part of SourceAudio as to its accuracy or fitness for a particular purpose. Unless expressly stated to the contrary to the fullest extent permitted by law, SourceAudio.com and its third party Music Licensor/content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect SourceAudio.com's liability for any other liability that cannot be excluded or limited under applicable law.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and music content, featured on this Website are in no way associated, linked or affiliated with SourceAudio.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names and music content featured on this Website are owned by the respective trademark and copyright owners. Where a trademark or brand name is referred to it is used solely to describe or identify the music and is in no way an assertion that such music is endorsed by or connected to SourceAudio.com.

Privacy Policy. Our privacy policy, which sets out how we will use your information, can be found at http://www.sourceaudio.com/privacy-policy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions. You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and SourceAudio.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any music or material posted on it, or on any website linked to it.

Indemnity. You agree to indemnify, defend and hold harmless SourceAudio.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Website or use of the music content licensed hereon, or your breach of the Terms of Service.

Changes. SourceAudio.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SourceAudio.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of SourceAudio Holdings, LLC.