Legal Terms and Conditions

Sinematic 

 

End User License Agreement.

 

 

 

 

 

Acceptance of Terms

 

 

These Terms of Service apply to all visitors and users of the Sinematic website. Sinematic is a subsidiary company of parent company “SoundMorph Sound Libraries, Inc.” Further referred to now on as just “Sinematic.” By visiting and using the Sinematic website you signify your assent to these Terms of Service.

download sounds from Sinematic, you also do so under the terms of the Sinematic License. If you do not agree with any of these terms you are not permitted to visit the website and use or purchase any of the content of Sinematic.

 

 

User Accounts & Submissions

 

 

 

In order to access some features of the website, or download sounds, you will have to create an account. You may not use another's account without Sinematic’s permission. When creating your account, you must provide accurate, up to date, and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password(s), billing information, and username(s) secure. You must notify Sinematic immediately of any breach of security or unauthorized use of your account(s). Although Sinematic will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sinematic or others due to any unauthorized uses and/or activity on your accounts.

You agree we may verify your identity at any time during or after your use of our Website. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources.

If: (1) you do not provide any requested information, as prompted, and/or (2) Sinematic can’t verify your identity, then you agree that Sinematic may refuse to allow access to our Website and Work.

 

 

Restricted Activities

 

 

You are prohibited from any use of the website or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the website shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the website; and (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other Creators. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any website content without the prior expressed permission of Sinematic. You may not consummate any transaction on the website, or that was initiated using our service, that could cause us to violate any applicable law, statute, ordinance or regulation.

 

 

Copyright Infringement

 

 

Sinematic does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Sinematic will remove content if properly notified that such content infringes on another's intellectual property rights. Sinematic reserves the right to remove content without prior notice. Sinematic will also terminate a user's access to its website, if they are determined to be in breach of the License.

 

 

Report a Sound

 

 

If you are a copyright owner or an agent thereof and believe that any content on our website infringes upon your copyright rights, you may submit a notification pursuant to Sinematic website with the following information in writing:


(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;


(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;


(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;


(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


 

 

Warranty Disclaimer

 

 

You agree that your use of the Sinematic website shall be at your sole risk. To the fullest extent permitted by law, Sinematic, it’s officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with sounds of the website, the website itself and your use thereof. Sinematic makes no warranties or representations about the accuracy or completeness of the websites content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Sinematic website. Sinematic does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Sinematic website or any hyperlinked website or featured in any banner or other advertising, and Sinematic will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

 

Limitation of Liability

 

 

THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SINEMATIC AND ITS CREATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SINEMATIC AND/OR ITS CREATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF IT’S ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SINEMATIC AND YOU. SINEMATIC AND IT’S CREATORS WOULD NOT BE ABLE TO HAVE PROVIDED THE SITE, THE MATERIALS AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, SINEMATIC’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.

 

 

Indemnity

 

 

You agree to defend, indemnify and hold harmless Sinematic, it’s parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sinematic website; (ii) your violation of any term of these Terms of Service, the and/or the License; and/or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This Section and indemnification obligation will survive these Terms of Service and your use of the Sinematic website.

 

 

Electronic Communications

 

 

A. Emails.

 

We may (1) provide you with a way to contact us through the Website, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically.

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

All electronic communications will be received or otherwise recorded by Sinematic, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by Sinematic.

 

B. Recording.

 

In connection with your use of the Sinematic Website, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and Sinematic, its Creators, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by Sinematic and its Creators of any and all information and data contained in (1) any communication with Sinematic and its Creators, and (2) any information input posted on or through the Website.

 

 

 

Refunds

 

Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author has been breached.

We will assess refund or credit requestson their merits, considering the digital nature of Sinematic items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

1. you have changed your mind about an item;

2. you bought an item by mistake;

3. you do not have sufficient expertise to use the item;

4. you ask for goodwill; or

5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

 

 

Miscellaneous Provisions Refunds

 

 

You agree that: (i) the Sinematic website shall be deemed solely based in New Brunswick, Canada; and (ii) the Sinematic website shall be deemed a passive website that does not give rise to personal jurisdiction over Sinematic, either specific or general, in jurisdictions other than New Brunswick, Canada. These Terms of Service shall be governed by the internal substantive laws of New Brunswick, Canada, without respect to its conflict of laws principles. Any claim or dispute between you and Sinematic that arises in whole or in part from the Sinematic website shall be decided exclusively by a court of competent jurisdiction located in New Brunswick, Canada.

 


These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sinematic without restriction.
These Terms of Service, at https://www.sinematic.com/terms_and_conditions /, and any other legal notices published by Sinematic on the website, shall constitute the entire agreement between you and Sinematic concerning the Sinematic website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Sinematic's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Sinematic reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.

 

Your use of the Sinematic website following any update, amendment, and/or change to these Terms of Service will signify your assent to and acceptance of its revised terms.


 

You and Sinematic agree that any cause of action arising out of or related to the Sinematic website must commence within one (1) year after the cause of action accrues.

 

Any cause of action arising from and/or related to these Terms of Service will be governed by New Brunswick, Canada.The language to be used in the arbitral proceedings shall be English.

 

  

 

 

 

 

 

Sinematic License

 

 

 

 

 

 

 

You May:

 

- Use the sounds in any film, TV show, ad, video game, app, website etc. whether commercial or not, without paying additional royalties or other fees beyond the initial download or subscription cost.

- Remix or transform the sounds in any way (such as in a song).

- Copy or transmit the sounds and available content in various mediums or formats as long as the sounds and available content are included in another work or with other materials.

 

 

Sinematic License- Full legal document

 

 

This license is the basis under which all Works that appear in the Sinematic website are distributed and used. The Sinematic License is governed by the Terms of Service Agreement displayed on the website.

Any use of the Work other than as authorized under this License or Copyright Law is prohibited.

The Licensor grants the Licensee ("You") a worldwide, royalty-free, non-exclusive, perpetual license to exercise the rights that are contained herein in consideration of your acceptance of these license terms and conditions and our Terms and Conditions.

We encourage you to attribute the creators of the Works that you use in your projects or the Sinematic community where possible, but this remains entirely up to your discretion.

 

 

1. Definitions

 

 

a. "Collective Work" means a work, such as an audio compilation or anthology, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in and of themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.

 

b. "Derivative Work" means a work based upon the Work, such as a remix, musical arrangement, dramatization, sound recording, art reproduction, synchronization with moving image, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.

 

c. "Licensor" means Sinematic.

 

d. "Original Author" means the individual or entity who created the Work.

 

e. "Work" means the copyrightable work of authorship offered under the terms of this License (including the sounds, music loops, and one-shots).

 

f. "You" or “your’ means the end user (either an individual or entity) exercising rights under this License.

 

 

2. Fair Use Rights.

 

 

Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under Copyright law or other applicable laws.

 

 

3. License Grant.

 

 

Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, revocable, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

 

a. To remix or transform the sounds into a Derivative Work;

 

b. To copy and transmit the sounds and available content in various mediums or formats as long as the sounds and available content are included in another work or with other materials;

 

c. To use the sounds in any music, film, video game, website or similar medium whether commercial in nature, or not.

 

The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted to You under this License by Licensor, are hereby reserved by Licensor.

Please note the following license restrictions regarding our content.

 

 

You May Not:

 

 

i. Resell, rent, sublicense, transmit, and/or distribute or re-distribute the sounds 'as they are' in any context, this includes but is not exclusive to re-selling the sounds on CDs, torrents, or any other online distribution.

 

 

ii. Use any sound, music loop, or one-shots to create expansion packs to distribute them through any mobile applications, plugins, or similar products. This includes, but is not limited to putting our sounds and available content on any CD(s), websites, and/or digital platforms of any kind (either for a fee or for free).

 

 

iii. Use any sound, music loop, or one-shots for any trademark uses. This includes attempting to or actually registering any sound, music loop, or one-shots as a trademark for a business. (Uses in film alone as a fictional trademark, or ringtone, are permitted.)

 

 

 

4. Restrictions

 

 

The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

You may copy, use, alter or change, make derivative works from, distribute, publicly display, publicly perform, and/or distribute any Work only under the terms of this License. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License.

In no circumstances whatsoever, may you copy all or a significant part of the Works in the Sinematic website with the purpose of redistributing them.

 

 

5. Representations, Warranties and Disclaimer

 

 

Unless otherwise mutually agreed to by the parties in writing, Licensor offers the Work as is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.

 

 

6. Limitation on Liability

 

 

Except to the extent required by applicable Law, in no event will the Licensor be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this License or the use of the Work, even if the Licensor has been advised of the possibility of such damages.

 

 

7. Termination

 

 

 

This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

 

 

8. Miscellaneous

 

 

If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

This License, which is part of and is governed by, the Terms of Service Agreement, constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified therein. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may only be modified by the mutual written agreement of the Licensor and You.

 

 

C Sinematic 2020 - Present