Terms and Conditions
Last updated: March 2nd, 2023
TERMS AND CONDITIONS
The following terms used in this Agreement shall have the meanings set forth below:
"Store" means our ecommerce store that sells media, including but not limited to audio and images.
"Content" means all text, images, audio, video, graphics, or other materials contained on our Store.
"Licensor" means the owner of the media being sold on our Store.
"Licensee" means the purchaser of the media being sold on our Store.
The Licensor grants to the Licensee a non-exclusive, non-transferable license to use, reproduce, and display the Content for personal, non-commercial use only. The Licensee may not use the Content for any commercial purpose without the express written permission of the Licensor.
The Licensee agrees to pay the purchase price for the Content as set forth on our Store. The purchase price is non-refundable, and the Licensee is responsible for all applicable taxes.
5. Intellectual Property Rights
The Licensor retains all right, title, and interest in and to the Content, including all intellectual property rights. The Licensee acknowledges that it has no ownership interest in the Content and agrees not to challenge the Licensor's ownership of the Content.
6. Representations and Warranties
The Licensor represents and warrants that it has the right to license the Content to the Licensee and that the Content does not infringe upon the intellectual property rights of any third party.
The Licensee shall indemnify, defend, and hold harmless the Licensor and its affiliates, directors, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from any breach of the representations and warranties outlined in this Agreement.
8. Limitation of Liability
The Licensor shall not be liable to the Licensee or any third party for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Content, even if the Licensor has been advised of the possibility of such damages.
This Agreement shall remain in effect until terminated by either party. The Licensor may terminate this Agreement immediately upon notice to the Licensee if the Licensee breaches any of the terms of this Agreement.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Licensor is located. Any dispute arising out of or in connection with this Agreement shall be resolved in the courts of that jurisdiction.
11. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties. This Agreement may not be modified or amended except in writing signed by both parties.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.