SoundBooth's Terms of Service
Last update: May 24, 2020
Welcome to soundbooth.com. SoundBooth.com is a marketplace platform for services performed by its users.
The following terms and conditions (these "Terms of Service"), govern your access to and use of the SoundBooth website, including any content, functionality and services offered on or through soundbooth.com (the "Site"), by Engineered Effects, Inc. d/b/a SoundBooth.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the SoundBooth services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request on our contact page.
Projects™ are a set of one or more services offered on SoundBooth.
Sellers are users who offer and perform services through Projects™ on SoundBooth.
Buyers are users who purchase services on SoundBooth.
User Service Page is where a user can choose to offer services and configure rates.
Service Category Pages and User Services Pages is where a Buyer can select services for their Project™ and create an order.
Orders are the formal agreement between a Buyer and Seller after a purchase of a service is made.
Project™ Page is where Buyers and Sellers communicate with each other in connection with an ordered Project™.
Disputes are disagreements experienced during an order between a Buyer and Seller on SoundBooth.
Earnings is the money Sellers earn from completed orders.
Sales Balance is cleared earnings from completed orders that is distributed to Sellers.
Shopping Balance is shopping credit collected from orders that are unfulfilled by a Seller to be used for purchasing Projects™.
SoundBooth Membership is a subscription-based membership that grants the user additional benefits on SoundBooth.
Reward Coins are digital points granted to a user for purchasing services and revisions or donated to a user by another user.
- Only registered users may buy and sell on SoundBooth. Registration is free. Unregistered purchasers will have an account created for them.
- Projects™ on SoundBooth may be offered at different prices based on Seller's rates for the services selected for that Projects™.
- Buyers pay SoundBooth in advance to create orders.
- Orders are purchased through the Add to Cart button found on a Service Category Pages and User Services Pages.
- For fees and payments please read the purchasing section.
- Sellers must fulfill their orders and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through soundbooth.com.
- Buyers are granted all rights for the delivered work, including a Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- SoundBooth retains the right to use all published delivered works for SoundBooth marketing and promotion purposes.
- Sellers can choose to offer services on SoundBooth to allow Buyers to purchase their services.
- Sellers must connect a Stripe account to receive payment. The connected stripe account is SoundBooth's withdrawal method.
- For each order you sell and successfully complete, you will be able to withdraw your earnings. When you withdraw the earning, your connected Stripe® account will be credited with a net earning of 70% of the purchase amount minus 2.9% and 80 cents. If you are a SoundBooth Membership subscriber, you're account will be credited with an additional 20% earning of the purchase amount.
- SoundBooth accredits Sellers seven days after an order is completed. See our "Orders" section below for a definition of a completed order.
- Earnings are available to withdraw to your connected Stripe® account following a safety clearance period of 7 days after the order is marked as accepted.
- If an order is marked abandoned by the Seller (for any reason), the funds paid will be refunded to the Buyer’s Shopping Balance.
- The Seller's rating is calculated based on the order reviews posted by Buyers.
- For security concerns, SoundBooth may temporarily disable a distribution of Earnings to Seller to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple SoundBooth accounts to a single withdrawal provider.
- Sellers are each allowed to offer up to three (3) services each that they can dutifully perform and may have as many active Projects™ as Buyer's are willing to order, provided that: the Seller enters accurate numbers for how long an average project of each service takes them to complete. Sellers who are SoundBooth Membersship subscribers are allowed to offer all services.
- Projects™ created on SoundBooth are User Generated Content.
- Projects™ may be removed by SoundBooth for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found on the IP Claims page.
- Malicious code, such as viruses, trojans, backdoors, etc.
- Projects™ that are removed for violations mentioned above, may result in the suspension of the user’s account.
- Projects™ that are removed for violations are not entitled to be restored or edited.
- Sellers may be removed from our Service Category Pages and Search feature due to poor performance and/or user misconduct.
- User Pages may include pre-approved website URLs contained within the Bio field. User Pages containing websites promoting content, which violates SoundBooth’s Terms of Service, will be removed.
- User Pages of Sellers are required to have an appropriate image of the Seller.
- Statements on the User Page that undermine or circumvent these Terms of Service is prohibited.
- Sellers may price their services at any rate.
SoundBooth Sellers have access to several features that help customize the way their services can be offered.
- Sellers can select which services it desires to offer. For each service, Seller must enter the number of tracks, length, price and how long it takes to complete a typical project for that service.
- Seller must enter their booked time offsite in their Account's Availability Page. This allows their order form to accurately estimate turnaround times so client expectations are met.
- Seller may request additional genres for categorizing Service Samples in the service add and edit forms.
- To receive your Earnings, you must have an account with SoundBooth's withdrawal method.
- Your SoundBooth profile can be associated with only one account of SoundBooth withdrawal method. A withdrawal provider account can be associated with only one SoundBooth profile.
- Earnings are distributed following a safety clearance period of 7 days after the order is marked accepted.
- Earnings distribution occurs when you click the withdraw button next to an earning.
- Withdrawals can only be made in the amount available to you.
- There are no withdrawal fees incurred by Seller at withdrawal.
- Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
Distribution to your Stripe® Account. There is no withdrawal fee incurred by Seller.
- You may not offer direct payments to Sellers using payment systems outside of the SoundBooth Order system.
- SoundBooth retains the right to use all publically published delivered works for SoundBooth marketing and promotional purposes.
- Buyers may request a specific service from the Contact Page found in the footer of the website. Services requested on SoundBooth must be an allowed service on SoundBooth. A list of currently allowed services are available in the service add and edit forms.
- Buyers pay SoundBooth to create orders from Service Category Pages and User Services Pages, using the Add to Cart button and checking out.
- Projects™ may be purchased using the following payment methods: Credit Card.
- No processing fees are incurred by Buyer.
- If you have funds in your account balance from your Shopping Balance, it will be available to replace the Seller on the Project™ abandoned by the Seller.
- You may not offer Sellers to pay, or make payment using any method other than through the soundbooth.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support on the Contact page.
This paragraph only applies to Buyers located in New York: New York Buyers will be charged Sales Tax in addition to the Project™ price shown on the User Page. An invoice will be provided to allow eligible users to claim back the Sales tax from the tax authorities.
- Once payment is confirmed, your order will be created and given a unique SoundBooth order number.
- Sellers must deliver demo and completed files using the Add a Revision button (located on the Project™ page) according to the services that were purchased on their Order.
- Using the Add a Revision button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Add a Revision” button when a revision was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller or a disabling of the Seller's account.
- An order is marked as complete after a revision is marked as accepted and then rated by a Buyer or when the Seller delivers the number of revisions it included with the service at time of purchase. A Seller may marked an order as abandoned by a Buyer if Buyer fails to post files and details within 14 days after an order or if a Buyer fails to request changes after a Revision has been added.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Project chat and private messaging system or if you encounter non-permitted usage on the Site, users can contact SoundBooth's Customer Support for assistance on the Contact page.
- When a Buyer orders a Project™, the Seller is notified by email of the new order.
- Sellers are required to meet the delivery time specified by their time booked off site and the rate calculated from the typical project they enter when creating a service. Failing to do so will allow the Buyer to mark the Project™ as abandoned by the Seller which removes the Seller from the Project™ and may harm the Seller's status.
- Sellers must send proofs and final files using the Add a Revision Button (located on the Project™ page) to mark the order as ready for review by client.
- Users are responsible for scanning all transferred files for viruses and malware. SoundBooth will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- A Seller may not cancel an order.
- Buyers may use the "Request Improvements" Button located on the Project™ page while an order is marked Waiting for Review by Client if the delivered materials do not meet the the services ordered or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an order are an essential part of SoundBooth's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed through the SoundBooth platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the SoundBooth platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Reviews page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
- MP3s to evaluate are the delivered audio files made available to a Buyer in a Revision. Buyer agrees that the Seller may add an accepted Revision's MP3s to their portfolio page.
- Withholding the delivery of services, files, or information required to complete the Project™’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once a revision is marked accepted, the Buyer has the opportunity to leave a review or the Seller.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Access to Files, Messaging Service and Reporting a Problem
- Users can access the files of a Project™, communicate through the Messages Chat on a Project™ PAge and report a problem on a Project™ for two days after its marked accepted. Once a Buyer accepts a Project, the number of revisions included with the service are expired. Buyer can still purchase additional revisions at a later date. The price for additional revisions is fixed at purchase time.
Disputes and Abandoned Projects™
Projects™ can be marked "abandoned by the other party" if the other party fails to meet a deadline. We encourage Buyers and Sellers to chat through the Message Chat before marking a Project™ abandoned by the other party. If the other party fulfills, the Project™ can no longer be marked as abandoned. If the other party doesn't fulfill, marking the Project™ as abandoned will resolve the issue.
- SoundBooth sends emails periodically to the party who's turn it is to do something throughout the timeframe they have to do it.
- If the Buyer fails to upload a rough mix and files for the Seller within 2 weeks after ordering a Project™, the Seller can mark the Projects™ "Abandoned by Buyer".
- If the Seller fails to upload a revision within 120% of the estimated turnaround time, the Buyer can mark the Project™ "Abandoned by Seller".
- If the Buyer fails to request changes or mark a Project™ accepted within 14 days of Seller posting a new draft set, Seller can mark the Project™ "Abandoned by Buyer."
- In the event a Seller marks the Project™ "Abandoned by Buyer", the Project™ will be marked completed and the earning will be scheduled to be distributed in 2 days from the marking.
- In the event a Buyer marks a Project™ "Abandoned by Seller", the Seller will be removed from the Project™ and the Buyer will be able to use the original purchase price toward a replacement Seller with the assistance of SoundBooth's Customer Support department, which should be contacted on the Contact page.
- In the event Seller posts a revision with missing files, Buyer should contact the Seller through the message box and let them know.
- In the event a Project™ is marked accepted and there is a problem (such as a missing or wrong file), Buyer needs to report the problem using the Report a Problem button on the Project™ page within 2 days of marking the Project™ accepted. This notifies the Seller of the problem as well as SoundBooth so that we can investigate and possibly suspend distribution of the earning to Seller. In the event there was no problem or the problem was resolved, the Buyer must Report that the Problem was resolved. Buyer may only report a problem one time.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the methods described in this section to attempt to resolve the matter. In the event they are unsuccessful, you can contact SoundBooth on the Contact page.
- SoundBooth reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Project™ and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s shopping balance.
- Revisions shall be performed by Sellers until the number of revisions included by the Seller are completed. Buyer can elect to purchase additional revisions after the included revisions are delivered.
- Requests for Improvements can be made through the Project™ page while the order is marked Ready for Review.
- Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
- SoundBooth encourages Buyers and Sellers to resolve service disputes mutually using the Message Chat Box on the Project Page and, if all else fails, using the "Abandoned by the Other Party" buttons that appear after a deadline is missed.
- Eligibility to have another Seller assigned to a Project™ will be assessed by our Customer Support team based on a number of factors, including failure to perform the services, violations to our Terms of Service, general misconduct, and improper usage of the SoundBooth delivery system. See below for Order specific eligibility.
- Accepted orders may be assigned to another Seller upon review of our Customer Support team, up to 7 days after the order is marked as complete.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the services were rendered as described in the Project™ page. Buyers may rate their experience with the Seller on the Review the Seller page, including the overall level of service quality received.
- Buyers must use the Message chat Box and the "Abandoned by the Seller" Buttons to address their concerns and desired resolution related to the services provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of SoundBooth.
- Any non-permitted usage of SoundBooth encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled and the Project™ being assigned to another Seller. This includes, but not limited to; harassment, unlawful behavior, or other violations to SoundBooth’s Terms of Service.
- SoundBooth Customer Support will reassign Projects™ based on, but not limited to, the following reasons:
- Active orders (after the Buyer submits their requirements and before the Seller delivers on SoundBooth)
- The Seller is late and unresponsive for more than 20% of the time estimated for a delivery of the draft.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
- The user is no longer an active SoundBooth user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Seller adds a draft set and before the order is marked as accepted)
- The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers.
- Note: Multiple reported offenses will result in permanent suspension of your account.
- The Seller delivers no files and/or proof of work related to the agreed upon order requirements.
- Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Seller requests additional payments, on or off the SoundBooth platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Seller is withholding the final delivery of services for improved ratings.
- Buyers who abuse the Request Changes button to gain more services from Sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
- The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers.
- Completed Orders (after the order is marked as complete and before the 2 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- SoundBooth Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Message Box and Abandoned System that enabled the order to be marked as accepted.
- Active orders (after the Buyer submits their requirements and before the Seller delivers on SoundBooth)
SoundBooth Membership is a subscription-based membership that grants the user additional benefits on SoundBooth. An annual SoundBooth Membership can be purchased on a user's services page and can be paid in monthly or annual installments. SoundBooth Memberships renew automatically until canceled the by the user. A purchased membership cannot be refunded or exchanged.
SoundBooth Membership subscribers receive increased Earnings from sales of their Services and Revisions and increased Reward Coins for the purchases.
Reward Coins are digital points granted to a user for purchasing services and revisions. Buyer's receive 1 coin per dollar of the total purchase amount. Reward Coins have no cash value and cannot be redeemed for cash value but can be applied on the checkout page to reduce the order total by 1 cent per Reward Coin. The amount by which a Reward Coin can reduce the order total on the checkout page is subject to change.
Reward Coins can also donated to a user by another user. Reward coins donated from a user will be deducted from the giving user and added to the receiving user.
All users are affiliates. Affiliates are users who share their affliiate link online. Visitors who followed a user's affiliate link to the site or visit the a user's profile and create an account within 1 year before clicking another user's affiliate link or visiting another user's profile become that user's referral.
Affiliates receive 3% of their referrals purchases of services, revisions and SoundBooth Membership signups and renewals, minus the 25 cents fee to transfer the earning to your connected Stripe® account.
There is no durational limit on earnings from referrals. We’ll try to keep it this way forever but you acknowledge and agree that if a durational limit is set in these terms, it may apply retroactively to referrals created before the durational limit and SoundBooth has no liability for lost affiliate earnings due to the durational limit.
The enhanced tracking of visitors for affiliates is done via cookies. Cookies is a technology that is not perfect so tracking is not perfect. Still, it's better than relying on a url only because it allows tracking a visitor beyond just the initial page visit. Nonetheless, SoundBooth has no liability for lost affiliate earnings for failed tracking due to cookies, the clearing of cookies or for any other reason related to the affiliate program.
The affiliate earning becomes available to withdraw 90 days after the referral's purchase. This holding period is necessary to prevent fraud.
In the event the referral's purchase is disputed or refunded, the affiliates earning will be removed. In the event the affiliate already withdrew the earning, the affiliate has to return the earning.
The invite form on the left sidebar is not part of the affiliate program so affiliates do not receive a percentage of invited users who create accounts.
- SoundBooth does not automatically refund payments made for orders with Projects™ abandoned by Sellers back to your payment provider. Funds from order cancellations are refunded to the Buyer's balance as credit and are available for selecting another Seller for the Project™ on SoundBooth.
User Conduct and Protection
SoundBooth enables people around the world to buy and sell audio services they need at an unbeatable value. Services offered on SoundBooth reflect the diversity of an expanding Project™ economy. Members of the SoundBooth community communicate and engage through Project™ Pages and Private Messages.
SoundBooth maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of SoundBooth. This section relates to the expected conduct users should adhere to while interacting with each other on SoundBooth.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team through the Contact page.
- To protect our users' privacy, user identities may be made anonymous by updating the username on the Site. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of SoundBooth in order to circumvent or abuse the SoundBooth messaging system or SoundBooth platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Project™ Page.
- SoundBooth does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
- SoundBooth does not provide protection for users who interact outside of the SoundBooth platform.
- All information and file exchanges must be performed exclusively on SoundBooth's platform.
- Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
- The SoundBooth marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by the SoundBooth team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- SoundBooth reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, SoundBooth will return parts or full earnings back to Sellers.
- SoundBooth will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed on the IP Claims page.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to the SoundBooth team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing status or becoming permanently disabled based on the severity of the violation.
Inappropriate Behavior & Language - Communication on SoundBooth should be friendly, constructive, and professional. SoundBooth condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam - SoundBooth takes its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Project™ Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of SoundBooth will not be protected by our Terms of Service.
Intellectual Property Claims - SoundBooth will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed on the IP Claims page.
Fraud / Unlawful Use -You may not use SoundBooth for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the SoundBooth community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to SoundBooth’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on SoundBooth. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell SoundBooth accounts.
- SoundBooth reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
- Violation of SoundBooth's Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on SoundBooth.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to receive their earnings from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to SoundBooth's approval.
- Disputes should be handled using SoundBooth's dispute resolution tools ('Message Box and Abandoned by the Other Party' on the order page) or by contacting SoundBooth Customer Support.
- SoundBooth may make changes to its Terms of Service from time to time. When these changes are made, SoundBooth will make a new copy of the terms of service available on this page.
- You understand and agree that if you use SoundBooth after the date on which the Terms of Service have changed, SoundBooth will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to SoundBooth by our users (Buyers and Sellers) is User Generated Content. SoundBooth does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, SoundBooth is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Projects™, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Projects™ service offers.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service offered on SoundBooth. Sellers advertising their services online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Project™ and may lead to the suspension of Seller's account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy on the IP Claims page which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Project™ and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as audio engineering work), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work, including commercial use.
For all Projects™, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever).
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to SoundBooth, including Project™ texts, photos, audio, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by SoundBooth for no consideration for marketing and/or other purposes.
Audio Commercial Rights Use Included
When purchasing a Project™, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased finished Project™ files.
In addition to the basic rights, the Seller grants you with a license to use the finished Project™ files for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose ("Commercial Rights").
In addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose ("Full Broadcasting Rights").
These rights are subject to SoundBooth's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor SoundBooth will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Commercial Use License
By purchasing an order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to SoundBooth’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor SoundBooth will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SoundBooth NOR ANY PERSON ASSOCIATED WITH SoundBooth MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL SoundBooth, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF EARNINGS, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.