By accessing and using the website operated by Get The Sound (the “Site”), you agree to be bound by these Terms of Use, as well as any additional rules, guidelines, or policies that may be posted on the Site from time to time. We reserve the right to update or modify these Terms at any time. Any changes may be communicated by any reasonable means, including by posting a revised version on the Site. The date of the latest update will be indicated by the “LAST UPDATED” notice. Your continued use of the Site following any changes constitutes your acceptance of those changes. However, any material changes will not apply retroactively to disputes or claims that arose prior to the applicable “LAST UPDATED” date. Get The Sound reserves the right, at any time and without prior notice, to modify or discontinue all or part of the Site, to introduce, change, or waive any fees required to access or use the Site, and to offer features or opportunities to some or all users.
The Site is controlled and operated by Get The Sound from France. Unless expressly stated otherwise in these Terms, nothing shall be interpreted as subjecting us to the laws or jurisdiction of any country other than France. Access to the Site may not be legal or appropriate in certain jurisdictions outside of France. If you choose to access the Site from another location, you do so at your own initiative and risk, and you are solely responsible for complying with all applicable local laws, regulations, and rules. We reserve the right, at our sole discretion and at any time, to restrict or limit access to the Site, in whole or in part, to any individual, geographic area, or jurisdiction.
Any information you submit through the Site is governed by our Privacy Policy. If you choose to provide personally identifiable information to third parties in connection with the Site, such as service providers or via third-party applications, the collection, use, and disclosure of that information may be subject to the privacy policies of those third parties rather than ours. In such cases, Get The Sound is not responsible for the practices of these third parties. You agree that all information you provide to us is accurate, complete, and up to date, and you commit to maintaining and updating this information as necessary. If you choose to make any personal or other information publicly available on the Site, you do so at your own risk.
By using the Site, you agree to comply with all applicable laws, respect the rights of others, and refrain from any unlawful, harmful, or disruptive behavior. You also agree to comply with the following Rules of Conduct, as updated from time to time by Get The Sound.
You will not post, transmit, or otherwise make available, through or in connection with the Site:
01
Any content that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or unlawful; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right without the prior consent of the rights holder.
02
Any content that may give rise to criminal or civil liability; that encourages conduct constituting a criminal offense; that promotes gambling; or that provides instructions for illegal activities such as hacking, cracking, or similar practices.
03
Any virus, worm, Trojan horse, spyware, or any other malicious code, file, or program that is harmful, invasive, or intended to damage, disrupt, or monitor the operation of any system, software, or equipment.
04
Any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation.
05
Any non-public or confidential information about a company without proper authorization.
06
Use the Site for any purpose without our express prior written consent where such consent is required.
07
Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including their privacy and publicity rights, or to collect or harvest personally identifiable information about other users.
08
Impersonate any person or entity, including representatives of Get The Sound, falsely state or misrepresent your affiliation with any person or entity, or imply that we endorse any statement you make.
09
Interfere with or disrupt the operation of the Site, or the servers or networks used to make the Site available, or violate any related requirements, procedures, policies, or regulations.
010
Restrict or inhibit any other user from accessing or using the Site, including through hacking or defacing any part of the Site.
011
Use the Site to advertise, sell, or purchase goods or services without our prior written consent, or reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site for commercial purposes.
012
Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Site, except as expressly permitted by applicable law.
013
Remove any copyright, trademark, or other proprietary rights notices from the Site or any materials obtained from it, or frame or mirror any part of the Site without prior written consent.
014
Create a database by systematically downloading and storing all or part of the Site content, or use any robot, spider, scraper, or similar tool to access, extract, or reproduce content or data from the Site without our prior written authorization.
We reserve the right to suspend or terminate your access to the Site at any time, without notice, if your conduct violates these Terms or is deemed inappropriate, including in cases of repeated intellectual property infringement.
You may be required to register in order to access certain parts of the Site. We reserve the right to reject or require modification of any username, password, or other information you provide during registration. Your account credentials are strictly personal and must be kept confidential. You are solely responsible for any activity conducted through your account. You agree to notify Get The Sound immediately of any unauthorized use of your account or any breach of security.
01
Generally
The Site may include areas where you can post or upload content, including but not limited to text, images, photographs, graphics, music, videos, audiovisual works, data, files, links, and other materials (each, a “Submission”).
02
Disclaimers
Users of the Site may post content that is inaccurate, misleading, or in violation of these Terms. Get The Sound, as well as its artists, representatives, and providers, do not endorse and are not responsible for any such content or for your reliance on it. All Submissions are considered non-confidential and may be used by us without any obligation of confidentiality or attribution to you or any third party. We reserve the right, at our sole discretion, to limit the number, size, or storage of Submissions at any time.
03
Acknowledgement
By submitting content to the Site, you acknowledge and agree that you receive sufficient consideration for the rights you grant, including the ability to participate in the Site and the potential exposure resulting from the use of your Submission. You further agree that you are not entitled to any compensation for the use or exploitation of your Submissions by Get The Sound or any third party acting under granted rights or applicable law.
04
Representations and Warranties
You represent and warrant that: (i) you have the legal capacity to enter into this Agreement; (ii) you own or have obtained all necessary rights, licenses, and permissions to use and authorize the use of your Submissions; (iii) you have obtained all required consents from any identifiable individuals appearing in your Submissions, including parental consent where applicable; (iv) your Submissions do not infringe any intellectual property or other rights of third parties; (v) your Submissions are not confidential and do not contain confidential information; (vi) you have complied and will comply with all applicable laws and regulations, as well as these Terms, including the Rules of Conduct. If your Submission includes identifiable individuals, you are strongly encouraged not to include sensitive personal information such as names or addresses.
05
Waiver; Further Assurances; Indemnity.
To the fullest extent permitted by law, you release and waive any claims against Get The Sound and its artists, representatives, and providers in connection with the use of your Submissions in accordance with these Terms, including any claims related to idea misappropriation. You also waive any “moral rights” or similar rights in your Submissions, and represent that you have obtained such waivers from any relevant third parties. Upon request, you agree to take any actions reasonably necessary to give full effect to these Terms and the rights granted herein, including executing a physical copy of this Agreement if required. You agree to indemnify and hold harmless Get The Sound and its affiliated parties from any claims, damages, or expenses arising from your Submissions or your breach of these Terms.
06
No Obligation to Use.
For clarity, Get The Sound has no obligation to use, publish, or otherwise exploit any Submission. All such decisions remain at our sole discretion.
All rights, title, and interest in any products made available through the Site, including but not limited to music, ringtones, images (such as screensavers), videos, artwork, text, software, and other copyrightable materials (collectively, the “Products”), are owned by Get The Sound and/or its licensors. If a separate agreement applies to a specific Product or Transaction and conflicts with these Terms, the terms of that separate agreement will prevail. Subject to your compliance with these Terms and any additional applicable conditions, you are granted a limited, non-exclusive, non-transferable right to use the Products you access or purchase solely for personal, non-commercial use. This right may not be sublicensed. Any functionality allowing copying, exporting, or transferring of a Product does not grant or waive any intellectual property rights associated with that Product or any related content. You acknowledge that the Site and the Products may include security technologies designed to protect digital content and enforce usage rules established by Get The Sound and its licensors, and you agree to comply with such rules. Unless otherwise expressly stated, all Products, Transactions, and use thereof are governed by these Terms.
If you wish to purchase any Product through the Site (each, a “Transaction”), you may be required to provide certain information, including payment details, billing address, and shipping information. By initiating a Transaction, you represent and warrant that (A) you are at least eighteen (18) years old, and (B) you have the legal right to use the selected payment method. By submitting your information, you authorize Get The Sound to use it in accordance with its Privacy Policy, including sharing it with third parties as necessary to process your Transaction. We reserve the right to verify your information before completing any Transaction.
Product descriptions, images, and references on the Site do not constitute endorsements. We reserve the right, at any time and without notice, to modify such descriptions, limit quantities, apply conditions to promotions, refuse Transactions, or deny access to Products. Prices and availability are subject to change without notice. In the event of pricing errors or incorrect information, we reserve the right to cancel or refuse any related Transaction. You agree to pay all charges incurred, including applicable taxes (such as VAT), shipping fees, and any network or data charges related to downloads. Except where required by applicable law, all sales are final and non-refundable unless otherwise stated in these Terms. Charges may be processed at the time of purchase or when access to the Product is provided. We will notify you if your order is canceled or if additional information is required.
We reserve the right to modify delivery methods at any time without notice. Delivery of Products may occasionally be delayed or prevented due to technical or other issues. Except where otherwise required by law, your sole remedy for undelivered Products within a reasonable timeframe will be either replacement or a refund, at our sole discretion.
All Products are provided for your personal, non-commercial use only. Unless expressly authorized, you may not reproduce, distribute, publish, transmit, display, broadcast, modify, create derivative works from, sell, or otherwise exploit any Product, in whole or in part. You may not reverse engineer, decompile, disassemble, or bypass any protection mechanisms associated with the Products, except where permitted by applicable law. You may not re-digitize, upload, or distribute any Product or derivative content on the Internet. Unless explicitly authorized by Get The Sound, you may not use Products in combination with other content, including using them as audio for videos. You may not transfer, sell, resell, or trade any Product, including through online marketplaces or auctions. No rights are granted for commercial use, resale, distribution, or promotion of the Products. Additional usage restrictions may apply depending on the type of Product you access or purchase through the Site.
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by separate rules in addition to these Terms. If you choose to participate in any Promotion, you agree to review and comply with the applicable rules as well as our Privacy Policy. In the event of any conflict between the rules of a Promotion and these Terms, the Promotion rules will prevail.
All information, content, and materials made available through the Site are the property of Get The Sound and/or its licensors and suppliers, and are protected by applicable intellectual property laws, including copyright, trademark, and patent laws. Except as expressly authorized in writing by Get The Sound, you agree not to reproduce, modify, distribute, rent, lease, loan, sell, or create derivative works based on any part of the Site or its content. All trade names, trademarks, and service marks displayed on the Site, including those owned by Get The Sound and its partners, are protected. Any third-party trademarks remain the property of their respective owners. You may not use any trade names, trademarks, or service marks without prior written consent, nor in any way that could cause confusion or imply association with Get The Sound. Nothing on the Site grants you any license or right to use any intellectual property without explicit authorization. UNAUTHORIZED USE OF THE SITE, ITS CONTENT, OR ANY ASSOCIATED SOFTWARE MAY RESULT IN CIVIL AND/OR CRIMINAL LIABILITY, INCLUDING DAMAGES FOR COPYRIGHT INFRINGEMENT.
The Site may include access to third-party applications, software, or services (“Third Party Applications”) provided by external partners. Because Get The Sound does not control these Third Party Applications, we are not responsible for their performance, accuracy, legality, security, or content, nor for any related intellectual property rights. We are under no obligation to monitor Third Party Applications and may restrict or remove access to them at any time. The presence of Third Party Applications on the Site does not imply endorsement. Your use of such applications may be subject to additional terms provided by the respective third parties. These Terms do not create any legal relationship between you and any third-party provider.
The Site may allow access to content provided by third parties (“Third Party Content”) through various functionalities. By using these features, you acknowledge that you are requesting access to such Third Party Content. Get The Sound does not control and is not responsible for Third Party Content, including its accuracy, legality, quality, or any associated intellectual property rights. We reserve the right to block or remove access to any Third Party Content at any time. Access to Third Party Content does not imply endorsement. Your use of such content may be governed by additional terms imposed by the relevant providers. These Terms do not establish any legal relationship between you and the providers of Third Party Content.
The Site may include links to, or feeds from, external websites and online resources. Get The Sound does not control, endorse, or assume responsibility for any third-party websites or resources. Other websites may link to the Site with or without our authorization, and we reserve the right to block any such links at our discretion. YOUR ACCESS TO AND USE OF ANY THIRD-PARTY WEBSITES, CONTENT, OR RESOURCES IS ENTIRELY AT YOUR OWN RISK.
The Site and all goods, services, Products, Third Party Applications, Third Party Content, information, and materials made available through the Site are provided on an “as is” and “as available” basis, without any express or implied representations or warranties of any kind. To the fullest extent permitted by law, Get The Sound and its artists, representatives, and providers disclaim all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and title. We do not warrant that the Site or any content or services made available through it will be accurate, complete, reliable, error-free, or compatible with any particular device, software, or system. We also do not guarantee that the Site or any Third Party Applications will function without interruption or be secure.
You are solely responsible for obtaining and maintaining all hardware, software, and services (including internet access) necessary to use the Site, and for ensuring their compatibility. Your use of the Site is at your own risk. You are responsible for evaluating the accuracy, completeness, and usefulness of any content, including Third Party Applications and Third Party Content. To the fullest extent permitted by law, Get The Sound and its affiliated parties shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business interruption, loss of data, loss of use, or unauthorized access to your information, even if advised of the possibility of such damages.
We shall not be liable for any damages arising from your use of the Site or any content or services provided through it. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using it. In all cases, our total liability shall not exceed the amount you have paid, if any, to access or use the Site. Some jurisdictions may not allow certain limitations or exclusions of liability, in which case some of the above limitations may not apply to you. While we take reasonable measures to secure the Site, we do not guarantee that it will be free from unauthorized access, alterations, or disruptions.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Get The Sound and its artists, representatives, and providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site or activities conducted through it; (b) your violation of these Terms; (c) your Submissions or your failure to properly manage or use them; (d) any claim that your Submissions infringe, violate, or misappropriate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
These Terms remain in effect until terminated. We reserve the right, at any time and for any reason, to suspend or terminate your access to the Site, your account credentials, or any associated data or content, without prior notice. In the event of termination, you will not be entitled to bring any claim against Get The Sound or its affiliated parties in connection with such termination. We shall not be liable for any loss of access to the Site or to any data or content associated with your account, nor are we obligated to retain or provide access to such data following termination.
These Terms and any claim or dispute arising out of or in connection with them or your use of the Site shall be governed by and construed in accordance with the laws of France, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the competent courts located in Paris, France, and waive any objection based on jurisdiction, venue, or inconvenient forum.
If you have any questions or complaints regarding the Site, you may contact us at: contact@getthesound.fr
Please note that email communications are not necessarily secure. You should not include sensitive information, such as credit card details, in any email correspondence.
By using the Site, you represent and warrant that you are of legal age to enter into this Agreement, or that you have obtained the consent of a parent or legal guardian to do so.
If you have any questions regarding these Terms or their application, please contact us at: contact@getthesound.fr
As email communications may not be secure, please do not include any sensitive or confidential information in your messages.
