Terms & Conditions
INTRODUCTION
By using this Website, The User accepts these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must leave the Website and refrain from having any access to it in the future.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You (The User) and the SONICMOTION.The User’s access to and use of the Website is conditioned on The User’s acceptance of and compliance with these Terms and Conditions. These Terms and Conditions set out the rights and obligations of all visitors, users and others regarding the use of the Website. By using our website and/or using the services that are provided, The User acknowledges that you have read, understood, and agree to be bound by our Terms and Conditions.
These Terms and Conditions unconditionally extend and apply to all related applications, internet service, or website extensions.
By using this Website, The User represents and warrants that The User is of legal age to consent to these Terms and Conditions. If The User’s do not meet the legal age requirements to consent to these Terms and Conditions you must leave the Website and refrain from having any access to it in the future.
We may revise and update these Terms and Conditions as necessary as possible and at our discretion. All changes are effective immediately at the moment we post such changes and shall apply to all access and use of the Website. The User must verify these Terms and Conditions from time to time. If The User continues and accesses the Website following a revision of the Terms and Conditions, it shall imply an acceptance of the changes.
Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of The User’s personal information when The User uses the Website and tells The User about The User’s privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
INTELLECTUAL PROPERTY RIGHTS
SONICMOTION owns the Website and its entire contents, features, functionality, including but not limited to, all information, software, apps, texts, displays, images, video, audio, and the design are the intellectual property of the SONICMOTION and its licensors.
SONICMOTION's intellectual property is protected by domestic and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
The User must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
SONICMOTION’s name, its trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The User must not use such marks without the prior written permission of the SONICMOTION. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
LICENSING
All CONTENT provided hereunder is licensed, but not sold, to you by SONICMOTION, for commercial and non-commercial use in any means and media now known or hereafter devised (e.g., music, sound-effect, audio/video post-production, performance, broadcast, multimedia, videogame or similar content-creation and productions, and any promotion or advertising related thereto) that are produced by you during the TERM of this AGREEMENT (altogether: “PRODUCTION”), worldwide.
This Terms and Conditions includes the worldwide, royalty-free, non-exclusive right to combine or sync the CONTENT into such PRODUCTIONS without (i) paying any additional license fees to SONIC MOTION or any third party other than the License Fee set forth herein; (ii) obtaining additional clearances or permissions; or (iii) providing source attribution to SONIC MOTION or any third party.
The MEDIA LICENSE includes mechanical, synchronization, public performance and broadcast rights.
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Mechanical rights
The right to re-record, duplicate and release the CONTENT as part of your product/production in whatever medium you choose (i.e. video tape, film, CD ROM, DVD, digital formats). This does not include the right to resell the CONTENT as a standalone product in whole or in parts.
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Synchronization rights
The right to use the CONTENT as a soundtrack “synced” with visual images, or sounds as part of your product/production.
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Public Performance Broadcast rights
The right to use the CONTENT as part of the public viewing or broadcast of your product/production, including but not limited to videos, DVDs, web sites, podcasts, multimedia presentations, films, television, and radio.
The MEDIA LICENSE grants the worldwide and limited right to you to use, re-record, duplicate, incorporate, modify, adapt, embed, and exploit all or a portion of the CONTENT without further payment to SONIC MOTION or any third party (royalty free) in your PRODUCTION for the TERM of this AGREEMENT. The CONTENT may be reproduced by you provided that the PRODUCTION contains an additional element: i.e. voice, music, image, etc.
Examples of allowed uses are, without limitation, inclusion in radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products.
LIMITATIONS
This MEDIA LICENSE expressly forbids any unauthorized inclusion of the CONTENT or new audio content derived from or based on the CONTENT or new audio content resulting from mixing the CONTENT with other audio content in whole or in part in:
Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.)
In any product that is primarily a sound product. Primarily, for the purposes of this agreement, is defined as containing pure sound effects using CONTENT (without voice, music) for at least 50% of the total elapsed time of the product. Examples of restricted products would be soundscape albums, sound effect collages on YouTube, ambient sound videos without narration.
Usage as pre-installed sounds in any physical / hardware device or toy, online or offline.
Usage of the CONTENT, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use.
If you create your own sound effect stems for musical purposes (e.g. trailer production music stems) using SONICMOTION Library sounds, please make sure not to use SONICMOTION Library sounds “in the clear”, meaning unmixed with other elements. In order to achieve that, please make sure to:
Use multiple sound sources (not only SONICMOTION Library), like some original element (e.g. a synth rise)
Use additional musical elements (can be non-tonal, percussive only), like cymbal sweeps, whooshes, etc.
Mix SONICMOTION Library sounds with these other sound sources in the stem mix, so that no SONICMOTION Library sounds is “naked” in that stem mix.
If in doubt inquire or in case you want to include our CONTENT in any such way mentioned in the LIMITATIONS, please contact us to obtain an AUDIO DEVELOPER LICENSE to our CONTENT. Upon written request that details a specific usage that may fall under these LIMITATIONS, SONICMOTION Library will furnish you with a safe-harbor letter within 30 days allowing or disallowing use for the described PRODUCTION.
The MEDIA LICENSE also forbids any re-distribution method of the CONTENT, through any means, including but not limited to, re-selling, trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of a musical sample or sound effect sample playback system or device.
LIABILITY FOR DAMAGES
SONIC MOTION is not liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any SONIC MOTION product, even if SONIC MOTION has been advised of the possibility of such damages.
SONIC MOTION will not be responsible if the Content does not fit your purpose. The Content is licensed ‘as is’ without warranties of any kind. Any similarity to any other Content is purely unintentional. SONIC MOTION cannot be held responsible for any direct, indirect, or consequential loss arising from the use of any sound samples and software licensed from this site in whatever form, or consequential loss arising from a delayed or lost shipment.
BETA STAGE EXCEPTIONS
Some advertised functionalities such as "Offline App Usage" may not be operational during BETA stage.
GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Conditions and The User’s use of the Service. The User’s use of the Website, Products and Services may also be subject to other local, state, national, or international laws.
DISPUTES RESOLUTION
If The User has any concern or dispute about the Website, Products and Services, The User agrees first to try to resolve the dispute informally by contacting the SONICMOTION.
USER ACCOUNTS
When The User creates an account with SONICMOTION, The User must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of The User’s account on Our Website. The User is responsible for safeguarding the password that The User uses to access the Website and for any activities or actions under The User’s password, whether The User’s password is with Our Website. The User agrees not to disclose The User’s password to any third party. The User must notify Us immediately upon becoming aware of any breach of security or unauthorized use of The User’s account.
CONTENT
Our Website may allow The User to post Content. The User is responsible for the Content that is posted to the Service, including its legality, reliability, and appropriateness. The User warrants that all such contents comply with these Terms of Use and Conditions. We are not responsible or liable to any third party for the contents posted on its Website.
Third parties may provide content to this Website that includes or may include materials provided by other users, bloggers, and third-party licensors, syndicators, or reporting services. The opinions and statements expressed in these materials are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinions or views of SONICMOTION.
The User agrees that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content by the User must not contain images or texts that are offensive, defamatory, abusive, harassing, violent, hateful, inflammatory, obscene, or otherwise objectionable. The User must not contribute any sexually explicit, violent, sexually discriminatory, or racist content. Furthermore, the User must also not violate any privacy rights of other Users or any third party, nor promote or advocate in favor of any illegal activity.
The User must not infringe any patent, trademark, copyright, or other Intellectual Property.
The Website may contain forums, chat rooms, personal web pages or profiles, bulletin boards, and other interactive features that allow the users to post content or materials on the Website. Any User Content you post to the site will be considered non-confidential and non-proprietary.
Although regular backups of Content are performed, SONICMOTION does not guarantee there will be no loss or corruption of data.
SOCIAL MEDIA AND LINKS
The User may place a link to our homepage provided that it is done fairly and legally and does not damage our reputation. However, the User must not be associated with the SONICMOTION and such linking does not constitute any form of approval or endorsement on the SONICMOTION’s part.
This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website. It may also send emails or other communications with certain content, or links to certain content, on this Website, and cause limited portions of content on this Website to be displayed or appear to be displayed on the User's own or certain third-party websites. The User may use these features solely as they are provided by the SONICMOTION
The User agrees to cooperate with us in immediately ceasing any unauthorized linking. The SONICMOTION reserves the right to withdraw linking permission without notice and may disable all or any social media features at any time without any prior notice.
CHANGES TO THESE TERMS AND CONDITIONS
SONICMOTION reserves the right, at SONICMOTION’s sole discretion, to modify or replace these Terms and Conditions at any time.
If a revision is material, SONICMOTION will make reasonable efforts to provide at least 30 days notice prior to any new Terms and Conditions taking effect. What constitutes a material change will be determined at SONICMOTION’s sole discretion. By continuing to access or use Website, Products and Services after those revisions become effective, The User agrees to be bound by the revised terms. If The User does not agree to the new Terms and Conditions, in whole or in part, please stop using the Website and the Service.
COMMENTS AND CONCERNS
If The User has any comments or questions about these Terms and Conditions, please notify SONICMOTION at [email protected].