AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Innova Sounds (“Company”, “we”, “our”, or “us”), concerning your access to and use of the website https://www.innovasounds.com, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Brazilian General Data Protection Law (LGPD).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
1. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Brazil, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
2. STATEMENTS AND WARRANTIES
You represent, warrant, and agree, at all times during which you access or use the Site or the Services, that:
The information you provide to Innova Sounds when registering your account is accurate, complete, and up-to-date and shall not be provided to create an account for fraudulent or deceptive purposes.
You are 13 years of age or older.
If you are under the age of 18 but over 13 years of age, you have legal consent from your parents or guardians to use the Site and the Services;
You are fully capable and competent to enter into the terms, conditions, obligations, representations, and warranties set forth herein, and to comply with and abide by this Agreement and any other agreements between you and Innova Sounds.
You intend to fully comply with this Agreement and any other agreements between you and Innova Sounds.
Your access to the Site or use of the Services does not violate any applicable law, rule, regulation, or order, or any agreement between you and third parties. Neither the Site nor any of the services are intended for children under the age of 13. If you are under 13 years old, you should not use the Site or any of the services, regardless of parental consent.
As a Seller, you agree that you are not a member of any copyright organization or neighboring rights organization, or, if you are a member, you are waiving your participation, as commonly referred to in the music industry, including but not limited to participation as a writer and publisher, in any music track or content you upload to the Site. Production rights and neighboring rights shall automatically belong to Innova Sounds for any Track or content uploaded to the Site. At Innova Sounds’ discretion and at its own decision, such rights may be transferred to Buyers.
3. EFFECT OF TRACK SALE
The Buyer becomes the new owner of the Track upon successful completion of the sale, of all its copyrights, including all moral rights and all publishing, composition, and related rights in relation to copyright organizations, as well as any related organizations’ rights.
4. FESS, PAYMENT, RISK OF LOSS, AND REFUNDS
Innova Sounds service fees are quoted in United States Dollars (“USD”), using the symbol “$,” and are listed on the Site.
Temporary changes in fees, for example, due to promotional events, may be posted and become effective on the date, and only on the date(s), when Innova Sounds announces such events.
Sellers are deemed to accept Innova Sounds’ right to provide discount coupons to Buyers, which will result in a reduction of the Track price and a corresponding reduction in payment to the Seller. However, such discount coupon shall not exceed 30% of the current price of the Track set by the Seller. Should the Track be sold with a discount coupon, the Seller shall still fully pay the fees due to Innova Sounds.
Purchasers of Innova Sounds’ Products are required to pay all Innova Sounds fees immediately upon due.
The Buyer is responsible for paying any taxes and government fees associated with any Track or content acquired from Innova Sounds, including, among others, sales, use, or value-added taxes (“VAT”). Payment of taxes of any kind for purchased tracks is NOT Innova Sounds’ responsibility.
In case of non-payment, payment method failure, or overdue account, Innova Sounds has, notwithstanding any other rights or remedies stated in these Terms and Conditions or any law, the right to:
Limit the Buyer’s ability to use the services. Charge the overdue fees, using any collection method Innova Sounds deems appropriate. (g) Innova Sounds has the right to choose, entirely at Innova Sounds’ discretion, NOT to refund Users any paid fees in the event of:
Breach of the terms and conditions of this Agreement, including, but not limited to, our Submission Rules; Posting illegal tracks and/or tracks that infringe copyrights, as defined in our Submission Rules; Tracks (including musical compositions and/or parts of musical compositions and/or vocals and/or vocal parts) that have aired with exposure on the Site, even if for a limited time, and thus benefited from the service provided in association with the paid service fee; and, In all other cases of breach of the terms and conditions of this Agreement, or of any law, which in Innova Sounds’ opinion, in its sole discretion, decides that refunds are not due. (h) Notwithstanding the above options, Innova Sounds may provide a refund, discount, or other consideration to Buyers, regarding paid fees, if Innova Sounds determines that the Track(s) sold is illegal or infringes copyrights, as defined in our Submission Rules.
Other breaches or violations of the terms and conditions of this Agreement, or a violation of any law of any jurisdiction, by Sellers may, at Innova Sounds’ discretion, also result in a refund of fees to Buyers by Innova Sounds.
In case of breach of the terms and conditions of this Agreement, or of any law, Sellers are required to refund the fees refunded by Innova Sounds to Buyers. These fees shall be immediately due to Innova Sounds by such Seller from the moment of the breach and shall be paid by the Seller to Innova Sounds within seven (7) days after Innova Sounds sends a notification to the Seller to that effect. Sellers, in this case, will also reimburse any refund payment costs that Innova Sounds makes to any Buyer. Innova Sounds may also, at its discretion, deduct the refunded fees from any amount due to the Sellers by Innova Sounds. The compensation set forth in this section for Innova Sounds shall not waive Innova Sounds’ right to claim refunds for other damages caused by Sellers.
The risk of loss of items purchased by Buyers passes to the Buyer upon delivery of the items by Innova Sounds to a carrier of Innova Sounds’ choice.
Purchased files are available to the Buyer for download for a period of one hundred and eighty (180) days from the date of purchase, starting from the day of purchase. On the one hundred and eighty-first (181st) day from the date of purchase, the purchased items will be removed from Innova Sounds’ servers, and the links to such purchased items will expire. Upon the expiration of this one hundred and eighty (180) days period after purchase, for example, on the one hundred and eighty-first (181st) day and thereafter, Buyers shall not be entitled to request a refund or any file resend process. Buyers are responsible for keeping track of this period. Innova Sounds assumes no responsibility regarding the execution of this one hundred and eighty (180) days period after purchase, and Innova Sounds will not notify Buyers about the execution, expiration, or imminent expiration of this period.
5. PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Innova Sounds website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Innova Sounds website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. REFUNDS POLICY
Innova Sounds has the right to choose, entirely at its discretion, NOT to refund users any fees paid.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to: Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site in order to harass, abuse, or harm another person. Make improper use of our support services or submit false reports of abuse or misconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Sell or otherwise transfer your profile. Use the Site to advertise or offer to sell goods and services.
8. CONTRIBUTION LICENSE
You and the site agree that we may access, store, process, and utilize all information and personal data that you provide in accordance with the terms of the Privacy Policy and your preferences (including settings).
By submitting suggestions or other feedback regarding the site, you consent that we may employ and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You maintain complete ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any section of the site. You are solely accountable for your Contributions to the site and explicitly agree to indemnify us from any liability and refrain from any legal action against us regarding your Contributions.
9. THIRD-PARTY WEBSITES AND CONTENT
The website may include (or you may be directed to through the website or the Marketplace Offerings) links to other websites (“Third-Party Sites”) as well as articles, photos, text, graphics, images, designs, music, sounds, videos, information, applications, software, and other content or items originating from or owned by third parties (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not reviewed, monitored, or verified for accuracy, suitability, or completeness by us, and we are not liable for any Third-Party Sites accessed through the website or any Third-Party Content posted, made available, or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies contained in Third-Party Sites or Third-Party Content. Inclusion of, linking to, or allowing the use or installation of any Third-Party Sites or Third-Party Content does not imply approval or endorsement by us. If you choose to leave the website and access Third-Party Sites or use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website you visit from the website or relating to any apps you use or install from the website. Any purchases you make through Third-Party Sites will be from other websites and companies, and we assume no responsibility for such purchases, which are solely between you and the relevant third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Sites and you will hold us harmless from any harm caused by your purchase of such products or services. Additionally, you will hold us harmless from any losses you sustain or harm caused to you in any way related to any Third-Party Content or any interaction with Third-Party Sites.
10. REVIEW GUIDELINES
We may provide areas on the site for you to leave reviews or ratings. When posting a review, you must adhere to the following criteria: (1) you must have firsthand experience with the person/entity being reviewed; (2) your reviews must not contain offensive, profane, abusive, racist, offensive, or hate language; (3) your reviews must not contain discriminatory references based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with competitors when posting negative reviews; (6) you must not draw conclusions about the legality of conduct; (7) you may not post false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to filter reviews or delete them, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or those of any of our affiliates or partners. We assume no responsibility for any review or for any claims, liabilities, or losses arising from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to the review.
11. ADVERTISERS
We authorize advertisers to showcase their promotions and other details in specific zones of the Innova Sounds website, such as sidebar adverts or banners. If you’re an advertiser, you are required to take full accountability for any adverts you feature on the site and for any services rendered or products sold through those adverts. Moreover, as an advertiser, you warrant and affirm that you possess all the rights and authority to display adverts on the site, encompassing, though not restricted to, intellectual property rights, advertising rights, and contractual rights. We solely offer the platform for showcasing such adverts and have no further affiliation with the advertisers.
12. PRIVACY POLICY
We value data privacy and security. Please review our Privacy Policy: https://innovasounds.com/privacy-policy/. By using the site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. If you access the site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in Brazil, then through your continued use of the site, you are transferring your data to Brazil, and you expressly consent to have your data transferred to and processed in Brazil.
13. SITE MANAGEMENT
We reserve the right, but not the duty, to: (1) monitor the Innova Sounds website for violations of these Terms of Use; (2) take appropriate legal actions against any individual who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit availability, or deactivate (to the extent technically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, notice or liability, remove from the website or otherwise deactivate all files and content that are excessively large or in any way burden our systems; and (5) manage the website in a manner to safeguard our rights and properties and facilitate the proper functioning of the site.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to alter, modify, or remove Innova Sounds website content at any time or for any reason, at our sole discretion and without prior notice. However, we are not obligated to update any information on our website. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the website.
We cannot guarantee the website will be available at all times. We may encounter hardware, software, or other issues or need to perform site-related maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason, without prior notice to you. You agree that we bear no responsibility for any loss, damage, or inconvenience caused by your inability to access or use the website during any period of downtime or discontinuation. Nothing in these Terms of Use shall be construed as our obligation to maintain and support the website or to provide any related corrections, updates, or releases.
15. DISPUTE WITH OTHER USERS
You are prohibited from contacting other users under these terms. However, should you choose to do so, you will be solely responsible for your interactions with other Users.
Disputes between you and other Users should be directed to Innova Sounds. Innova Sounds reserves the right, but has no obligation, to facilitate disputes between you and other Users.
If you have a dispute with one or more Users, you release Innova Sounds and other related parties from any claims arising out of or related to such disputes.
By accessing the Site or using the Services, you expressly waive any protections, whether statutory or not, that would otherwise limit the coverage of this release to include only claims you may know or suspect to exist in your favor at the time of agreeing to this release.
16. CORRECTIONS
There may be information on the site that contains typographical errors, inaccuracies, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.