SoundKit Terms Of Service

DESCRIPTION OF SERVICE AND ACCEPTANCE

SoundKit.io ("SoundKit") is an e-commerce web site offering products to the public. Our online services and web site, including the content found on our web site, and any other features, tools, applications, materials or other services offered from time to time by SoundKit in connection with its business, are referred to collectively as the "Services." SoundKit is wholly owned and operated by Dunk Tank LLC, a limited liability company organized under the laws of the State of Georgia, United States of America.

The Services are provided by SoundKit for your personal enjoyment. In order for everyone visiting the SoundKit web site to enjoy the Services, it is important for all users to follow the terms and conditions described in these Terms of Service (the "Terms of Service"). By visiting the SoundKit web site and using any of the Services, you indicate your agreement to accept and be bound by the Terms of Service. For that reason, we request that you take a moment to carefully read through the Terms of Service. If you have any questions or comments about the Terms of Service, please use our contact link to send us an e-mail.

We want your experience with the SoundKit web site to be the best possible and of the highest quality and enjoyment.

CHANGES TO THE TERMS OF USE

SoundKit may change the Terms of Service at any time in its sole discretion, and any such change shall be effective upon SoundKit's posting the new Terms of Service on the SoundKit web site at http://SoundKit.io/terms. Any visit to the SoundKit web site or use of the Services by you after the new Terms of Service have been posted will indicate your acceptance of and agreement to the new Terms of Service. Please read this page regularly to ensure that you are familiar with SoundKit's most current Terms of Service.

ACCESS AND USE OF THE SERVICES

Limited License. SoundKit owns and retains all intellectual property and other rights to the Services and the SoundKit web site. The content displayed as part of the Services (the "Content") is owned by SoundKit and its licensors. The Services are protected by intellectual property laws, including, without limitation, trademark, trade secret, copyright, and other laws. Nothing in the Terms of Service nor any statement made on the SoundKit web site shall be interpreted or deemed to be, in whole or in part, a transfer, assignment, release or waiver of any of these rights.

Use of Content. You may view the Content only for your own personal use. You must leave and not remove, obscure or alter any copyright or other proprietary notices marked on or included on or in the Content. The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale or transmission of the Content is strictly prohibited, unless you have obtained the prior written consent of SoundKit or unless any such use is clearly and expressly permitted by SoundKit by indication on the web site. The Content subject to this restriction includes, without limitation, any and all text, graphics, trademarks, logos, photographs, audio and video materials and stills and the "look and feel" of SoundKit's web site. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, unless you have obtained the express prior written consent of SoundKit. This prohibition on creating derivative works and materials applies even if you intend to give away the derivative materials.

Suspension or Discontinuation of Services. In order to ensure that SoundKit provides you with an excellent user experience on the SoundKit web site, we may find it necessary to change, alter, suspend or discontinue - temporarily or permanently - some or all of the Services. SoundKit reserves the right to make any such change, alteration, suspension or discontinuance at any time without notice in SoundKit's sole discretion. SoundKit also reserves the right to revoke a username if SoundKit, in its sole discretion, finds it necessary to do so. SoundKit will not be liable to you for any interruption, modification, suspension or discontinuance of the Services or for revocation of a username.

PROHIBITED CONDUCT

We do our best to keep the SoundKit web site safe from bothersome, intrusive or malicious software, but we cannot guarantee it. To assist in SoundKit's efforts, you agree not to engage in the following conduct:

You will not send or otherwise post unauthorized commercial communications to users of the SoundKit web site (such as spam, marketing, sales offers, coupons, or related materials).

You will not collect users' information, data, or otherwise access SoundKit using automated means (such as harvesting bots, robots, spiders, or scrapers) without SoundKit's express written permission.

No one may send or use the Services to harvest information about users of the SoundKit web site for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications (commercial or otherwise). You understand that we may implement any technical remedies we see fit to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks.

You will not upload viruses or other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, impersonate or harass any user, or otherwise interfere with any other party's use and enjoyment of the SoundKit Services.

You will not post content that is defamatory, fraudulent, libelous, obscene, hateful, threatening, pornographic or that contains nudity or graphic or gratuitous violence. You will not use SoundKit to do anything unlawful, misleading, malicious, or discriminatory.

You will not facilitate or encourage any violations of the prohibitions set forth in this Section 5.

You may terminate your account at any time by using our contact form to send us an e-mail requesting termination. Please identify your account and provide a valid reply e-mail address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the SoundKit Services at any time without notice or liability if SoundKit determines in its sole discretion that you have breached the Terms of Service, the prohibitions in this Section 5, violated any law, rule, or regulation, engaged in other inappropriate conduct or that there is some other reasonable basis for terminating your account or your use of the Services. SoundKit also reserves the right to terminate your account or your use of the Services if your use places an undue burden on our network or servers. Because we would prefer to avoid terminating any user's account; we may use technology to limit activities, such as the amount of traffic to the SoundKit servers being made or the volume of User Content being posted.

RESPECTING THIRD PARTY RIGHTS

You will not use SoundKit's copyrights or trademarks without SoundKit's express written permission, and you will not use SoundKit's name or any confusingly similar name as a business name, domain name, web site address or keyword.

LINKED WEB SITES, ADVERTISING AND EDITORIAL CONTENT

Third Party Web Sites. If we provide links or pointers to other web sites, no inference or assumption should be made that SoundKit operates, controls, has an interest in or is otherwise connected with these web sites. When you click on a link within the Services, we will not warn you that you have left the SoundKit web site and the Services and are subject to the terms and conditions (including privacy policies) of the destination web site. You are solely responsible for carefully reading the terms of use and privacy policy of any third party web site accessed from a link on SoundKit's web site before you provide any confidential information or engage in any transactions on the third party site. SoundKit does not make any representation or warranty, and hereby expressly disclaims all of the foregoing, regarding any third party web site accessed through a link, pointer, pop-up or advertisement on the SoundKit web site.

SoundKit is not responsible for the content or practices of any other web site, even if the third party web site links to the SoundKit web site and even if the web site is operated by a company affiliated or otherwise associated with SoundKit. By using the Services, you acknowledge and agree that SoundKit is not responsible or liable to you for any content or other materials hosted and served from any third party web site.

Advertisements. SoundKit shall not be responsible for advertisements appearing on the SoundKit web site, nor does it take any responsibility, legal or otherwise, for the products or services provided by any advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that SoundKit is not liable for any damage, loss, injury or other claim that you may have against an advertiser.

Editorial Content. SoundKit may post content from time to time that expresses the opinion of one or more of its developers, owners, managers, interest holders, employees or independent contractors (the “SoundKit Staff”). This content may include reviews, ratings, recommendations and/or commentary. The views expressed in any editorial content posted on the SoundKit web site reflect the opinion of the author and do not reflect the views or policies of SoundKit or any other member of the SoundKit Staff. SoundKit is not liable under any legal theory for any editorial opinion or commentary expressed on the SoundKit web site, whether of the SoundKit Staff or of any third party. Editorial opinion and commentary are provided for entertainment purposes only, and any reliance thereon by a user of the SoundKit web site is at the user’s sole risk and discretion.

COLLECTION AND USE OF PERSONAL INFORMATION

Your privacy is very important to us. Our Privacy Policy makes important disclosures to you about how SoundKit collects and uses the information you post on the SoundKit web site. We encourage you to read SoundKit's Privacy Policy and to use the information it contains to help make informed decisions. The Privacy Policy is incorporated by reference and made part of these Terms of Service. By agreeing to the Terms of Service, you agree that your presence on the SoundKit web site and your use of the Services are governed by the Privacy Policy in effect at the time of your use.

TRADEMARKS

SoundKit, the SoundKit logo, and other SoundKit marks, graphics, logos, scripts and sounds are trademarks of SoundKit. None of the SoundKit trademarks may be copied, downloaded or otherwise used or exploited without SoundKit's prior written consent, with the exception of SoundKit’s commercial products which can be download for a purchase price and used according to SoundKit’s License Agreement.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE CONTENT, USER CONTENT AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SoundKit WEB SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SoundKit DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR-FREE OR RELIABLE.

IN NO EVENT SHALL SoundKit OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS AND/OR PROFESSIONAL ADVISORS (COLLECTIVELY, THE "SoundKit PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SoundKit SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SoundKit WEB SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE SoundKit PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SoundKit PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHER LEGAL RIGHTS, YOUR BREACH OR ALLEGED BREACH OF THE TERMS OF SERVICE AND/OR YOUR USE OF THE SoundKit SERVICES INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO YOUR CONTENT.

GENERAL INFORMATION

Export Controls. SoundKit software and the transmission of applicable technical data, if any, in connection with the Services may be subject to U.S. export controls.You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or imported or exported from the country in which you reside.

Choice of Law. The Terms of Service are governed by, and construed in accordance with, the laws of the State of Georgia, U.S.A., without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, and you hereby waive any objection to venue in Fulton County, Georgia, based on inconvenient forum or similar objection.

No Waiver/Reliance. If you see or become aware of other SoundKit users violating the Terms of Service, please use our contact form to send us an e-mail correspondence alerting us to the violations. SoundKit will respond to all violations of its Terms of Service as determined on a case-by-case basis in SoundKit's sole discretion. Any waiver by SoundKit of a violation of the Terms of Service with respect to any user shall not be deemed to operate as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. SoundKit's decision to delay exercising or enforcing any right or remedy under the Terms of Service shall not constitute a waiver of such right or remedy.

Integration, Amendment, and Severability. The Terms of Service (and the Privacy Policy incorporated herein by reference) constitute the entire legal agreement between you and SoundKit governing your use of the Services (but excluding any services, if any, that SoundKit may provide to you under a separate written agreement). The Terms of Service may not be amended or varied by you except in a writing signed by SoundKit. While electronic or digital signatures are treated as the equivalent of traditional written signatures under the laws of most states, for purposes of valid and effective amendment, an original, manual signature is required. If SoundKit acts in a way that appears to you to be inconsistent with the Terms of Service, such action(s) should not be deemed a waiver or constructive amendment of the Terms of Service. The Terms of Service operate to the fullest extent permissible by law. If any provision of the Terms of Service is unlawful, void or unenforceable, that provision shall be deemed to be severed from the Terms of Service and its severance shall not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read the Terms of Service. By following the Terms of Service, the SoundKit experience will be better for all users.