Total Soundtrack Inc. Terms of Use

This agreement governs your use of the Total Soundtrack website. To learn about usage rights for our royalty-free content, please read our Audio Content License.

This Web site is owned and operated by TotalSoundtrack.com (“Total Soundtrack”). Access and use of this Web site is provided by Total Soundtrack to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

Total Soundtrack may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its contents (the "Content") are intended for customers of Total Soundtrack. You may not use this Web site or the Content for any purpose not related to your business with Total Soundtrack.

You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with Total Soundtrack; (b) using any data mining, robots, or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Total Soundtrack product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in Total Soundtrack’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute, or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent, or unlawful material or information.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services, or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Total Soundtrack and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Total Soundtrack, such as a Audio Content License, any other use of these Materials without Total Soundtrack’s written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal, or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

Trademarks

Total Soundtrack, the Total Soundtrack design, and any other product or service name or slogan contained in the Site are trademarks of Total Soundtrack and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Total Soundtrack or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "TotalSoundtrack" or any other name, trademark or product or service name of Total Soundtrack without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of Total Soundtrack and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Privacy

Total Soundtrack is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Policy to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

Currency of Web site

Total Soundtrack updates the information on this Web site regularly. However, Total Soundtrack cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Web site. Total Soundtrack may revise, supplement, or delete information, services, and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Total Soundtrack monitors or endorses these Web sites. Total Soundtrack does not accept any responsibility for such Web sites. Total Soundtrack shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods, or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

Total Soundtrack shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Total Soundtrack recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided "As Is"

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TOTAL SOUNDTRACK DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL TOTAL SOUNDTRACK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Total Soundtrack harmless against all claims or liability asserted against Total Soundtrack arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Designated Agent under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent.

If you believe in good faith that Total Soundtrack should be notified of a possible online copyright infringement involving any Total Soundtrack Site, please notify Total Soundtrack’s designated agent: Albert Kiteck, Total Soundtrack, Inc., 4808 Enoch Drive, Nashville, TN 37211. Phone: (615) 544-5006; Email: info@totalsoundtrack.com

Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.

User Submissions

Unless you have entered in to an agreement with Total Soundtrack to provide Content for the Web site, for all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Total Soundtrack via TotalSoundtrack.com, by e-mail or telephone, by mail, or otherwise disclosed, submitted, or offered in connection with your use of this Web site (collectively, “User Submissions”) you grant the Total Soundtrack a royalty-free, irrevocable, transferable right, and license to use the User Submissions however it desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium or technology throughout the world.

Total Soundtrack will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you in any way. Total Soundtrack is and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay to user any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to Total Soundtrack will not violate the terms in any right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity.

You further agree that no User Submissions submitted by you to the Companies will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

By using this Web site, you agree to the above terms regarding User Submissions.

Applicable law

By accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the state of Tennessee and the federal laws of the United States applicable therein (without regard to conflicts of laws provisions).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the state of Tennessee and acknowledge that you do so voluntarily.

General

Total Soundtrack’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact Total Soundtrack by emailing info@totalsoundtrack.com.