Terms of Use

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Introduction

  1. Please read the following Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) carefully.  By accessing or using any of the pages or content located on www.gosoundtrack.com (the “Site”), you (“you” or “User”) indicate that you understand and agree to the Terms of Use. 
  2. The Terms of Use include all other Site policies, such as the Privacy Policy, which may be found on separate pages on the Site.  A list of links to our Site policies can be found here.  By agreeing to the Terms of Use, you indicate that you understand and agree to all Site policies.

About the Site

  1. GoSoundtrack (the “www.GoSoundtrack.com” “GoSoundtrack,” “we,” “us,” or “our”) is an online library of audio and video content that the public, including music fans, webcasters, and podcasters, may listen to, download, or stream for free. GoSoundtrack is a project whose mission is to distribute multimedia content for free over different media. GoSoundtrack includes content written by it’s own artistic collective. 
  2. Content on the Site (“Content”) includes, but is not limited to post, descriptions, reviews, ratings, audio and/or video files, images, scripts, and designs. 
  3. Users include but are not limited to persons who visit the Site or access its Content in any manner.

Categories of Use. This Agreement addresses two main categories of use.

  1. First, GoSoundtrack allows you to listen to, download, and search for audio files hosted on the Site. You may incorporate some of the audio files into podcasts, webcasts, and other multimedia works, subject to Creative Commons 4.0 terms that govern each audio and/or video file. 
  2. Second, as a registered member (a “Member”), you may post written comments.

Eligibility

  1. To use GoSoundtrack, you must be at least thirteen (13) years old and must either be able to form legally binding contracts in your jurisdiction or have legal parental or guardian consent to enter into, agree to, and abide by these Terms of Use.

Member Accounts, Passwords, and Security

  1. You may register for a Member account provided that you are eligible to use the Site and provided that you agree to the Terms of Use. 
  2. You are responsible for maintaining the security of your password and account. You are responsible for all activities that occur under your account. GoSoundtrack is not responsible for any harms arising out of the unauthorized or improper use of your account or password. 
  3. GoSoundtrack reserves the right to restrict or delete your account at our sole discretion and without notice or liability.

Restrictions on Use. GoSoundtrack strives to be a clean, safe, friendly, and legal site. In visiting, accessing, or using the Site, you agree to abide by the following rules of conduct.

  1. You will not falsely assume the identities of other Users or other rights-holders (such as artists or composers) on the Site.
  2. You will not harass, threaten, or defraud other Users or rights-holders online or offline. You will not transmit content that is illegal, defamatory, libelous, obscene, pornographic, threatening, invasive of privacy, injurious, or that may otherwise infringe on the ability of other Users to enjoy the Site. You will not post inflammatory content with the sole intention of provoking other Users.
  3. You will not attack the Site with automated requests or attempt to data mine the Site. You will not attempt to gain unauthorized access to the Site or other User accounts by hacking, password mining, or other means. You will not attempt to compromise the Site’s integrity in any way. 
  4. You will not use the Site or Content hosted on the Site in any way that violates the Terms of Use.

Downloading Policy

  1. Every song or album available via the Site is released under Creative Commons 4.0 License. You are responsible for reviewing and understanding the license. The license is also explained in or linked from Section [11] of the Terms of Use.
  2. You agree to comply with all license provisions relating to Content that you download or access from GoSoundtrack.

Site Content

  1. Definition. Site Content (“Site Content”) refers to any text, images, trademarks, service marks, logos, graphics, page layouts, or other material or content that is created, uploaded, owned, or maintained directly by the owners or administrators of GoSoundtrack. Site Content includes, but is not limited to “GoSoundtrack” www.gosoundtrack.com, and other service marks, logos, and graphics representing the Site.
  2. Intellectual Property. All Site Music Content is the property of GoSoundtrack is licensed under the Creative Commons 4.0 license.
  3. Links to the Site. You may create a hyperlink to the Site as long as the link does not portray GoSoundtrack and its affiliates in a false, misleading, or offensive manner.
  4. Links to Independent Websites. GoSoundtrack pages may display links to independent, third-party websites (“Third Party Sites”). We neither control nor endorse Third Party Sites. You agree that we are not responsible for the content of Third Party Sites, or for any harm that arises from or relates to Third Party Sites.

License Provisions

  1. All audio files available for download from GoSoundtrack are subject to Creative Commons 4.0 license.

Intellectual Property.

  1. Copyright. You agree to comply with italian copyright laws as well as the laws of your local jurisdiction. 
  2. Copyright Infringement and Notification Policy. If you believe that your copyrighted works have been used in a way that constitutes copyright infringement, please follow the procedures in the Section below.

Notice and Takedown Procedures

  1. Infringement Notification. 
  2. GoSoundtrack’s Designated Agent to receive notification of alleged infringement is: community@gosoundtrack.org 
  3. If you are a copyright owner and believe that your copyrighted works have been used in a way that constitutes copyright infringement, you may send a written notification (preferably by email) to GoSoundtrack’s Designated Agent listed above. Please identify the copyrighted work(s) and include your name, address, phone number, email address, and your physical or electronic signature. Also state that (1) you are the copyright owner or authorized to act on behalf of the copyright owner; and (2) you have a good faith belief that the use of the work is not authorized by the copyright owner, its agent, or the law. 
  4. We will respond to clear and valid notices of alleged infringement by removing or disabling access to the allegedly infringing content, regardless of whether we are liable for such infringement. 
  5. Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that content is infringing your copyrights. Contact an attorney if you are not sure whether the content is infringing.

Limitation of Liabilities

  1. To the full extent permissible by applicable law, you expressly understand and agree that in no event will GoSoundtrack, its affiliates, directors, agents, and successors be liable to you for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profit, LOSS of income, LOSS of business opportunities, loss of goodwill or reputation, or loss of data, regardless of the nature of the claim or the form of action, arising from the Site or Content and services on the Site, whether or not we had any knowledge, actual or constructive, that such damages might be incurred.

Disclaimer of Warranties

  1. You expressly understand and agree that GoSoundtrack and any materials and content on the Site are provided on an “as is” and “as available” basis, and your use of the Site is at your sole risk. GoSoundtrack makes no representations or warranties of any kind, express or implied, as to the Site’s operation or the information, content, or materials included on this Site. To the fullest extent permissible by applicable law, GoSoundtrack disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability and fitness for any particular purpose. Without limitation, we disclaim any and all warranties regarding the security, reliability, accuracy, timeliness, and performance of the Site, its services, and its functions, as well as any of content and information accessed from the site.

Choice of Law and Venue

  1. This Agreement is governed by and construed according to italian laws, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue the italian State in the event of any claims, actions, or disputes arising from or relating to GoSoundtrack, or your use or review of it. This Agreement is the entire agreement between parties with respect to the subject matter hereof and replaces all prior or contemporaneous understandings or agreements regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect

Indemnification

  1. You expressly understand and agree to indemnify, defend, save, and hold harmless GoSoundtrack, Users of the GoSoundtrack, and their respective directors, agents, and successors, from and against any and all liabilities, including but not limited to all costs, expenses, and damages arising out of any breach or alleged breach by you of any of the provisions in the Terms of Use, including but not limited to any claim made by any third-party.

Right to Eliminate Access

  1. GoSoundtrack reserves the right to eliminate access to the Site to anyone for any reason, including but not limited to violations of the Terms of Use.

Severability

  1. If any part of the Terms is found unenforceable, the rest of the Terms shall remain enforceable to the maximum extent of the law.

Waiver

  1. Failure of GoSoundtrack to pursue a violation of a specific provision of the Terms does not imply a waiver of our right to pursue and act on violations of the Terms.

Modifications

  1. GoSoundtrack reserves the right to change the Terms of Use at any time, at its sole discretion. You are responsible for regularly reviewing the Terms. Your continued use of the Site constitutes your agreement to all such Terms and changes.

 

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