Terms of use

TERMS OF USE AGREEMENT

fmaudio creative owns and manages the fmaudio.com website.

Before using the fmaudio.com website please read this Agreement carefully. fmaudio creative provides the fmaudio.com website, and the materials and services offered on such site, for your use subject to your compliance with this Terms of Use Agreement. Your use of the fmaudio.com website constitutes your agreement to be bound by this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the fmaudio.com website.

1.- Use of Materials Restrictions

1.1- No materials from fmaudio.com website may be copied, republished, reproduced, uploaded, posted, transmitted, shared or distributed in any way, except as set forth in this Agreement or by obtaining written permissions from fmaudio creative. All materials contained on the fmaudio.com website, including graphics, software, intellectual property rights related thereto, are owned and/or controlled by fmaudio creative or affiliated companies, and/or its third party licensors.

1.1.1- The audio materials presented on the fmaudio.com website are exclusively intended for use only by terrestrial radio broadcasters, Advertising Agencies, Internet Radio, Satellite Radio, TV & Multimedia. All registered users must agree with our license agreement at fmaudio.com before using the fmaudio.com website. When you become a user of fmaudio.com website, you may start using the website, including ordering, downloading and exploiting the audio materials offered, with the purpose of broadcasting. If a conflict between this Agreement and your license agreement with fmaudio.com website emerge, the terms of this agreement shall predominate.

1.1.2- NO Pornographic or adult material is allowed as content for scripts or for advertising Adult Websites, Adult entertainment or Pornoghraphic material. We reserve the right to refuse any order with Adult or Pornographic content.

 

Your access to fmaudio.com website may be terminated immediately if in fmaudio.com sole discretion, with or without notice, if you fail to comply with any provisions of this agreement or for any or no reason, you may not use fmaudio.com website for any purpose that is prohibited by this agreement.

 

2.- Changes to this Agreement

2.1- If at any time you do not accept these changes, you must immediately discontinue use of fmaudio.com website to which the changes may apply. fmaudio creative reserves the right, in its sole discretion, to alter, modify, or otherwise change this Agreement at any time. Your continued use of any of the fmaudio creative website constitutes your acceptance and agreement to be bound by these changes, if any.

3.- Accounts, Security, Passwords

3.1- In order to access certain features of the Website, and the Services you may be required to become a Registered User. A "Registered User" is a User who has registered an account on the Website ("Account"). The confidentiality of your password and account information is your responsibility and you agree and assume responsibility for any and all activities that occur under your account. You agree to notify fmaudio.com website immediately of any unauthorized use of your account. fmaudio creative is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

We send our newsletter and promotional electronic emails periodically, when you register and/or open an account at fmaudio.com, you agree to opt in to our mailing list. You can also subscribe to our mailing list in the home page without opening an account with us. If you decide to be removed from our mailing list, click the unsuscribe button on any promotional email you receive from us or please send us an email address with the subjet: UNSUSCRIBE to: info@fmaudio.com

3.1.1- fmaudio.com constantly scans our servers for illegal activity, if fmaudio.com website discovers that your account has been logged into from multiple IP addresses, your account may be temporarily disabled. After you confirm that no unauthorized users have made use of your account, and that all such uses of your account constitute legitimate use by you, your account will be re-enabled.  

4.- Privacy and Protection of Personal Information

4.1- fmaudio creative and fmaudio.com website does not sell, license or transfer any of your personal information to any third party, fmaudio.com website uses cookies so that your username and password will be stored for future visits to fmaudio.com Site, making it easier for you to initiate the login process,  information is only stored temporarily and is not saved or maintained in a database. fmaudio creative and fmaudio.com website does not collect payment information, our payment method is processed by a third party such as PayPal, if you open an account with fmaudio.com website and order our services, you will need an active account with PayPal. We provide the option of making a single direct purchase with PayPal, all you need to do is click proceed to Checkout.. You will then be directed to PayPal.com to make your payment via PayPal account.

5.- Disclaimer of Warranties

5.1- Fmaudio.com does not warrant the site will operate uninterrupted or error free, that the website will be free of virus, spyware or any other harmful components;  fmaudio.com is not responsible for server errors or failures caused by the hosting company fmaudio creative uses to host fmaudio.com, including misdirect transmissions or failed internet connections.

5.1.2- fmaudio creative makes no representations to whether the material offered in fmaudio.com website is suitable for broadcasting or to be broadcast in terrestrial radio or any other use, without violation of applicable laws including copyright rights. You are responsible for the commercial scripts you provide. You shall hold fmaudio creative and their sub-sites including fmaudio.com free and harmless from any and all liability damage arising from your failure to do so. You agree to while you use fmaudio.com services in connection with your business, you shall never use the material obtained in fmaudio.com website for the advertising or promotion of an Illegal product or service. We do not provide Copy Writing Services.

5.1.3 fmaudio and Voice Over talent reserves the right to refuse any order that we think it might be offensive, sensitive to others due to script. sound effects, music etc. If the user orders a commercial production and we think it doesn't comply with our ethics, we will cancel and refund the amount the user paid when ordering.

5.1.4 When "pick the music for me" is selected, you are giving fmaudio.com producers the authorization to choose the music bed we think fits your script, when you receive your commercial and if you don't agree with our music selection, you can request "modification" up to 2 times in a 24 hour period after receiving your commercial and we will replace the music track for free.

6.- Links

6.1- The fmaudio.com website may contain links to websites operated by third parties. Selecting any external link on fmaudio.com website, you will be leaving fmaudio.com website site and go to an unaffiliated third party Web site that may offer different terms of use, privacy and level of security..  fmaudio.com website makes no representations of any of the content uploaded, displayed, or distributed, or products, or services available at these sites. fmaudio creative reserves the right to disable links from third party sites.

7.- Modification/Termination by fmaudio.com website

7.1- fmaudio creative reserves the right, in its sole discretion, to modify, suspend, or terminate the  fmaudio.com website and/or any portion thereof, including the Services, and/or your account, password, or use of  fmaudio.com website, or any portion thereof, at any time for any reason with or without notice to you.

7.1.2- In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Termination of your account removes your authorization to use the Services or any materials licensed to you in connection with such Services, and you shall cease any further use of such Services or materials. Additionally, fmaudio.com website shall not be liable to you or any third-party for any termination of your access to your account.

 

8.- Limitations on Liability

8.1- Under no circumstances shall  fmaudio.com website be liable for incidental, indirect, special or consequential damages, including, but not limited to, lost profits, savings or revenues of any kind, even if fmaudio.com website has been advised of the possibility of such damages.

9.- Indemnification

9.1.- You agree to indemnify, defend, and hold harmless  fmaudio creative , fmaudio.com website , its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, resulting from your breach of any provision of this Agreement, or from your failure to obtain the necessary third party licenses required herein, or otherwise arising in any way out of any act or omission by you which gave rise to such claim, action, demand, liability, cost or expense.   fmaudio creative website reserves the right to take exclusive control and defense of any such claim that is subject to indemnification by you, in which event you will cooperate fully with fmaudio.com website in asserting any available defenses.

10- International Use 

10.1- All Material obtained from fmaudio.com is only available to terrestrial radio broadcasters, Advertising Agencies and Internet Radio, TV and Multimedia based in the United States of America. If you choose to access the fmaudio.com website from outside the United States, you do so at your own risk and initiative. fmaudio creative makes no representation that materials on the fmaudio.com website are appropriate or available for use in locations outside the United States.

 

11.- Submissions

11.1- fmaudio creative  and fmaudio.com will not consider any unsolicited submissions to fmaudio.com website. No such submission will be subject to any reimbursement or other payment by fmaudio.com website.

12.- Notice and Procedure for Making Claims of Copyright Infringement

12.1- In the event that you believe any content posted on the fmaudio.com website may infringe upon your copyrights, fmaudio creative will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to  fmaudio.com Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

 Written notification must be submitted to the following Designated Agent:

Service Provider: fmaudio creative

Name of Agent Designated to Receive Notification of Claimed Infringement:

Pablo Montalvan

Full Address of Designated Agent to Which Notification Should be Sent:

15454 Valley Blvd La Puente Ca 91746

Telephone Number of Designated Agent:

(213) 277-7065

Email Address of Designated Agent:

info@fmaudio.com

To be effective, the notification must be a written communication that includes the following:

1.            A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.            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;

3.            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  fmaudio.com website to locate the material;

4.            Information reasonably sufficient to permit fmaudio.com website to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5.            A statement that the complaining party has 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;

6.            A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Jurisdiction

If there is any dispute about or involving the fmaudio.com website, you agree that the dispute shall be governed by the laws of the State of Virginia and the United States of America without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Virginia,county of Fairfax. Either fmaudio creative or you may demand that any dispute between fmaudio.com website and you about or involving fmaudio.com website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Fairfax county, Fairfax VA, USA, provided that the foregoing shall not prevent fmaudio.com website from seeking injunctive relief in a court of competent jurisdiction. If any provision of this Agreement is found to be unenforceable, then such provision shall have no effect on any other provision in this Agreement.

 

COPYRIGHT NOTICE ABOUT MUSIC LIBRARY AND MUSIC FOR SALE LIBRARY

The music library is a music collection licensed to fmaudio creative and fmaudio creative owns Music for Sale Library, both music libraries are copyrighted under United States and International copyright laws. fmaudio creative owns The Music for Sale Library and reserves all rights to The Music for Sale Library. The Music for Sale Library remains the sole and exclusive property of fmaudio creative. Use of The Music for Sale Library is licensed, not sold under the terms of this License Agreement.

SECTION I

(A) RIGHTS GRANTED

01. fmaudio creative, the whole owner to the copyright of The Music for Sale Library, is not a member of any Performing Rights Organization and therefore the Licensee is not required to file “Cue Sheets” for broadcast usage. The Music  for Sale Library may be used, edited, and/or incorporated according to the guidelines described herein into the following, but not limited to:

02. Videos, Websites, Radio, TV, Film, Video Games, Audio Books, Software, Podcast, Online Radio.

(B) PROHIBITIONS

1. The Music for Sale Library must not be sold, sublicensed, shared, uploaded to websites, loaned, given, repackaged, reproduced, distributed, made into a competing product directly or indirectly, or any part of The Music for Sale Library transferred as a copy thereof, except in accordance with the permitted uses as stated herein.

2. The Music for Sale Library must be used in timed synchronization with other audio and/or visual content including but not limited to images, video footage, and voice.

3. Use of The Music for Sale Library for any purpose other than those included in this License Agreement must have prior written approval from fmaudio creative.

SECTION II

1. fmaudio creative and all of its officers, directors, employees, successors, distributors and anyone else in association shall not be held liable for any and all losses, damages, liabilities, claims, incidental damages, costs or expenses, including reasonable attorney's fees, incurred directly or indirectly in connection with the use of The Music for Sale Library.

2. Any taxes are the responsibility of The Licensee which include any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the License granted to you, or your use of The Music for Sale Library.

3. fmaudio creative liability shall not exceed the value of the license fee/purchase amount.

 

4. All other rights not expressly granted to you are explicitly reserved solely for The Licensor.

5. The Licensee agrees to pay the agreed license fees with the understanding that no rights are granted until all payments are made in full. The Licensee shall be liable for all past due amounts, interests and costs of collection, including credit card company fees and attorneys' fees. The license granted hereunder shall be of no force or take effect until such time as The Licensor receives full payment.

6. The Licensee permits fmaudio creative to use The Licensee’s name, company name, and/or company logo as a client reference.

7. This License Agreement shall, without prior notice from fmaudio creative, terminate immediately and be made void if fmaudio creative determines that The Licensee has failed to comply with any provision of this License Agreement; and/or if the Licensee fails to pay any licensee fees or makes a reverse charge.

8. All sales transactions are final, and no refunds will be entertained. If in any case payment is not fulfilled or cancelled, rights to use The Music for Sale Library are withheld and The Licensee at that point is prohibited from using The Music for Sale Library..

Revised on: 02/18/2017