By visiting and otherwise making use of the Site, you acknowledge that you have read and understood and agree to be bound by these Terms and herein referred documents. If you do not want to be bound by the above terms, please do not use our Site. If you are accessing the Site in connection with your employment, you hereby warrant to us that you are authorised to and hereby do bind your company/employer to these Terms and any License, and any references herein to “you” and “your” will refer to both you and your company/employer, as applicable.
A Licence grants to the Buyer a non-exclusive and non-transferable lifetime worldwide rights to use music assets in multimedia projects like online videos (also YouTube), websites, animations, games, films, etc.
1. Purchasers can use assets in their own personal use and commercial projects.
2. A Licence does not allow the Buyer to: I) claim seller's original content as their own; II) register and sell original content in any store/platform; III) redistribute and sublicense other than as part of the relevant project.
Age and eligibility. You warrant (i) that you are 13 years or older (or the relevant minimum age in your country) (ii) that you are to agree to these Terms and (iii) if you are below the legal age of majority in your country, that you have your parent/or guardian’s consent or that your parent or guardian is entering into these Terms on your behalf.
Changes and versions. Occasionally SideTrax may, in its discretion, make amendments to these Terms. If SideTrax makes amendments to these Terms that SideTrax deems material for you, SideTrax will notify you beforehand through the Site. By continuing to use the Site after changes to these Terms have been made you are expressing and acknowledging your acceptance of such changes. Any translated versions of these Terms from English into another language are made only for convenience and the English version will at all times prevail.
The Site and your use of the Site
Account. You access the Site from our web or mobile online interface, including as and if available through third party applications. In order to access certain features of the Site, and to acquire License(s) you must create a personal account and register as a user by submitting the information requested and following the instructions that are further specified in the applicable registration form or interface. You alone are responsible for providing and keeping true, accurate, complete and up-to-date information, maintaining the confidentiality and security of your account and credentials, as well as for all activities that occur within your account. Without limiting the foregoing, you warrant that your country of residence and/or incorporation (as applicable) is the same as the country specified in the account and/or billing information provided to us. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, utilisation or provision of accounts, resources or access data. You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
Content. The Content, including without limitation, the Sound Recordings, made available through the Site may be updated, replaced, removed or otherwise amended, at all times, with or without any notice to you. You accept that the Content that is available at any given time might not be available at a later stage. If you have a subscription License please note that you may not use any Sound Recordings so removed in any new productions after the date of such removal, even if you have downloaded them previously, and this shall not be seen as an amendment of this Agreement, such License or the Site provided hereunder, provided that such changes do not fundamentally alter the character of a License. Content types and descriptions, such as genres, categories, moods, themes etc., are provided for your convenience only and we do not guarantee their accuracy.
Content guidelines. You shall comply with any applicable laws and regulations when using our Content and Site, and as noted above, you may only use the Sound Recordings as allowed under a License. Moreover, in particular, you may not use or in other way exploit the Sound Recordings:
in any way to repackage Sound Recordings or upload/use them (in whole or in part) as for example audio samples, sound libraries, sound effects, music beds or upload them in any music recognition systems for any purpose, and/or in any way use distribute or otherwise exploit the Sound Recordings as your property; or
in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Sound Recordings. Moreover, you may not use the Sound Recordings in connection with sensitive subjects without the prior written consent of SideTrax. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.
Downloads. You agree to comply with, and not in any way circumvent, any download restrictions that we have imposed on the Site, your account and/or your relevant License. We reserve the right to impose and/or change such limitations from time to time. You agree not to download Content through automatic means, or otherwise use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Site in a manner that sends more requests to SideTrax or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser. If we, in our sole discretion, assess that you are downloading Content in breach of any download restrictions or for purposes other than the intended use in a License (e.g. in cases of unusual download behaviours), we may block, suspend or limit further downloads.
No text and data mining; no machine learning analysis. You may not launch any automated system (including, without limitation, any robot, spider or offline reader) to view, access or collect information from the Site. You may not perform on the Content any form of text and/or data mining (TDM) except as may be allowed under mandatory applicable law and in such case only to the minimum extent required by such law. Without limiting the generality of the foregoing, you may not perform any TDM for the purpose of making any commercial use of any results of such TDM. You may further not use any application of machine learning analysis or similar technologies on the Content. If you are a research organisation or a cultural heritage institution and would like to access Content for such purposes, please contact us.
Use of computer resources. You agree that SideTrax has the right to the processor, bandwidth, and storage hardware on your device; however, only as reasonably necessary to provide the Site. If you are connected to the Internet in a foreign country the Site may still make use of the storage hardware, processor and bandwidth and your Internet connection or device. As a consequence, extra charges from your Internet ServiceProvider ("ISP") may apply. Check with your ISP for further details. By using the Site you agree to take responsibility for any additional roaming charges charged by your ISP and you agree to indemnify SideTrax for any third party claims due to the extra charges from your ISP referable to you.
Intellectual Property Rights
No unauthorised use. You may not transfer, display, perform, make available or otherwise use the Content except as expressly permitted under these Terms and under a valid License.
No proprietary rights. All Content, as well as the SideTrax name and other trademarks, is the sole property of SideTrax or its licensors. You hereby acknowledge that you do not acquire any proprietary rights under these Terms or a License, and that SideTrax does under no circumstances transfer any right, title or interest, in relation to the above, the Site or any Content. Except for the rights expressly granted to you under a License, all such rights, title and interest are reserved and retained by SideTrax.
Feedback. If you provide us with any suggestions or other feedback about the Site, you agree that we may use such at our discretion, and without any restriction or obligation to you.
The Site may contain features that enable you to post, upload, or otherwise contribute content (“User Content”). By uploading User Content you grant SideTrax a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide right and license to reproduce, publicly perform and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service, including in order to improve the Service for you and others. You are solely responsible for all User Content that you post, and you guarantee that you own or have the right to post such User Content, and that such User Content, or its use by SideTrax pursuant to the license granted herein, does not violate these Terms, applicable laws, or the intellectual property or other rights of any third party.
Fees and payments
Fees and renewals. Within the Site, certain features and Licenses may require payment, some for a one-time fee ("Single Track Licenses"), and some are only offered on a recurring paid subscription basis (each a “Paid Subscription”). You agree to pay, and you hereby authorise us to charge you, whatever fees and other charges applicable to any Single Track Licenses, Paid Subscriptions or the purchase of any other paid Licenses, feature or other service (collectively, the "Fees"). If you have signed up for a Paid Subscription, you will be charged, and agree to pay, the at each time applicable subscription Fee at the beginning of each relevant subscription period, as designated by you when purchasing a Paid Subscription, (each such period a "Subscription Period"). All Fees are non-refundable except as explicitly provided in these Terms or if you are a consumer and applicable consumer protection law provides you a right to a refund.
Payment methods and processing. Payments may be processed through third-party payment methods which we make available or via a third party app distribution platform or marketplace, as applicable. You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you warrant that you are the authorised user of the card, and you authorise SideTrax and any third party payment processor to collect payment from you, on a recurring basis if applicable, and to take all other necessary billing actions.
Trials and Discounts. We, or others on our behalf, may offer discount codes ("Discounts") or free trial periods for access to a Paid Subscription or other paid License (a “Trial”). By acquiring a License via a Discount or Trial, you must agree to any separate additional terms and conditions presented to you in connection to such offering. If you have been offered a Discount or Trial, we reserve the right, in our sole discretion, to determine your eligibility for a Discount or Trial, and if you’re determined not to be eligible, not allow you to use the Discount or Trial or modify the Discount or Trial at any time with prior written notice. For some, Trials we require you to provide payment details to start the Trial. At the end of such Trial, and if you have not canceled the Trial prior to expiry, SideTrax will automatically start to charge the applicable Fees for such provided License.
You may separately have accepted to be exposed to commercial messages, newsletters and advertisements sent by SideTrax when using the Site. If you do not want to be notified about these offers or news you may always opt-out from such information by following the instructions in each notification which you receive.
Disclaimer and service level
DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW SIDETRAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO AS REGARDS TO (A) THE MERCHANTABILITY OR FITNESS FOR PURPOSE, (B) NON-INFRINGEMENT, (C) AVAILABILITY, QUALITY OR PERFORMANCE OF THE MATERIALS, INFORMATION, GOODS, SERVICES, TECHNOLOGY AND/OR CONTENT PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIMITATIONS ON USER ACCESS TO OR USE OF CONTENT, AND (D) THE PERFORMANCE OF COMPUTERS, TECHNOLOGY AND/OR NETWORKS. YOU ALSO ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE OBTAINED IN THE SOFTWARE INDUSTRY. NEITHER SIDETRAX NOR ANY OTHER OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. SideTrax reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Site with or without notice, and SideTrax shall have no liability to you if SideTrax exercises such rights.
Limitation of liability
SOLE REMEDY. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, CONTENT OR LICENSE, IS TO UNINSTALL ANY SOFTWARE OR APPLICATION AND TO STOP USING THE SITE. WHILE SIDETRAX ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SIDETRAX, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
LIMITATION OF LIABILITY. Subject to the liability limitations set forth below, each of the parties will be liable for any direct damages incurred by the non-breaching party as a result of the breaching party’s breach and/or failure to perform its obligations under these Terms. EXCEPT AS NOTED BELOW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DAMAGES AS A CONSEQUENCE OF SHUTDOWN, AND LOSS OF OR EFFECT ON DATA. IN NO CASE WILL SIDETRAX, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BE LIABLE TO YOU FOR DAMAGES THAT CORRESPOND TO A HIGHER VALUE THAN THE HIGHER OF (A) USD ONE HUNDRED ($100) AND (B) ALL FEES RECEIVED BY SIDETRAX FROM YOU UNDER THESE TERMS, INCLUDING ANY LICENSES, DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME SUCH DAMAGE AROSE. These Terms do not limit either party’s liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation. These terms do further not limit SideTrax’s liability for any other liability that, by applicable law, may not be limited or excluded.
Takedown. In the unlikely event that any Sound Recording(s) may be subject to a claim of infringement of a third party's right for which we may be liable, we may require you to, at your own expense, stop any use of such Sound Recording(s) and ensure that others on your behalf do the same. Subject to your compliance with the relevant License and these Terms, we will in such case provide you with replacement Sound Recording(s) (determined by us) free of charge.
Indemnification by you. Upon request by SideTrax, you agree to indemnify, defend and hold SideTrax (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) harmless from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Site and/or Content in a manner not in strict compliance with these Terms. Furthermore, SideTrax reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you accept to cooperate with SideTrax in asserting any available defences.
General legal terms
Mandatory rights and severability. If you are a consumer (as defined in the law of your jurisdiction), these Terms are not intended to, and shall not, exclude or limit any mandatory rights you may have under the consumer laws of your jurisdiction. If one or more of the provisions contained in these Terms are found to be invalid, illegal or unenforceable in any respect under applicable mandatory law, the validity, legality and enforceability of the remaining provisions shall not be affected. Such severed provisions shall be revised only to the extent necessary to make them enforceable.
Exclusions. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the services offered hereunder.
Assignment. You may not wholly or partially assign or pledge any of your rights and/or obligations under these Terms without SideTrax's prior written consent. SideTrax may transfer these Terms and/or wholly or partially assign or pledge any of its rights and/or obligations under these Terms to any third party provided that such third party agrees to be bound to these Terms.
Amendments. SideTrax reserves the right, at its full discretion, to modify these Terms at any time. Such modification enters into force when published on https://www.epidemicsound.com or communicated to you in any other appropriate manner. Your continued use of the Site after such modification is valid as consent thereto. Do check the website regularly to verify whether these Terms or other documents referred to herein have been modified. If you do not accept to abide by these Terms (or cannot comply with them) you may not use the Site or access any Content.
No Waiver. A failure of either party hereto to insist upon the strict adherence to any provision in these Terms on any occasion shall not be considered as a waiver of any right hereunder nor shall it deprive that party of the right to insist upon the strict adherence to that term or any other provision of these Terms.
Dispute resolution. SideTrax aims to seek a solution of any concerns, complaints or disputes in good faith with you directly. Should such efforts not be successful, and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, any dispute, controversy or claim arising out of or relating to these Terms or the breach, termination or invalidity thereof shall be finally settled by a public court with the Stockholm district court as the court of first instance. In the event of unauthorised access to or use of the Site or Content in violation of these Terms or a License, you acknowledge and agree that we are entitled to commence any action or proceeding for injunctive or other relief in any court having jurisdiction without notice.
Class Action Waiver. To the maximum extent permitted by applicable law, you agree that any proceedings to litigate or resolve any disputes will be conducted solely on an individual basis, and that neither you nor SideTrax may bring claims against the other party as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative action. You further agree that no judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.