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TERMS AND CONDITIONS

This is a legal agreement (“agreement”) between and among you and anonymous tracks (hereby referred to as “website”).

By using the website, you agree to and are bound by the terms of this agreement. You must accept and abide by these terms as presented to you, anonymous tracks reserves the right to change, add, or remove portions of this agreement at any time. It is your responsibility to check the agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the website or content.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the terms will result in an immediate termination of your services

By accessing to www.anonymoustracks.com you are agreeing to the following terms.

These terms of use constitute a legally binding agreement between you and to anonymous tracks and are effective as of November 24 2015, for current users, and upon acceptance for new users. By clicking the “register” button when you registering to anonymous tracks as a buyer or seller of tracks and by otherwise accessing or using our website you accept these terms of use.

Using anonymous tracks you declare that you are acting in the course of a profession or business.

As a condition of your use of anonymoustracks.com you agree that you will not:

  • Violate any laws;
  • Violate our upload rules;
  • Post any threatening, abusive, defamatory, obscene or indecent material or otherwise communicate any false or misleading material or message of any kind;
  • Infringe any third-party right;
  • Impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of anonymous tracks;
  • Copy, modify, or distribute any other person’s content without their prior written consent;
  • Copy, modify or distribute rights or content from the anonymous tracks website or anonymous tracks’s own copyrights and trademarks;
  • Harvest or otherwise collect information about users, including tracks and email addresses, without their consent;
  • Bypass measures used to prevent or restrict access to anonymous tracks;
  • Sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
USE OF SITE

You represent and warrant that you are at least 13 years old or visiting the site under the supervision of a parent or guardian.

Subject to the terms and conditions of this agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

    You shall not upload to, distribute, or otherwise publish through this site any content, information, or other material that:
  • Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
  • I libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under italian law or international law;
  • Includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.
  • Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this site are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this site are that of the vendor and are not made by us.

    We may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with the terms and conditions of this agreement, and we have no obligation to investigate the authorization or source of any such access or use of the site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.

SERVICES OFFERED ON THE SITE:

When you purchase a pre-made track on anonymous tracks, you will receive a mastered and unmastered version, you will also receive all the source files in wav, which means all the individual sounds of the entire track. This is useful, because it allows you to make a remix or change the track as you want! (no extra service is offered, we can’t provide to fix your track unless you contact us asking for an extra service. In this case, after made a price deal to fix you request we will proceed to work on your track).

Instead, when you purchase a “custom track service”, we offer to you our total support from the beginning to the end. It means we stay side by side with you until the track is 100% finished and you’re 100% satisfied with the final result.

REVIEWS AND COMMENTS

Except as otherwise provided elsewhere in this agreement or on the site, anything that you submit or post to the site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “submissions”) is and will be treated as non- confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. All submissions shall automatically become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any submission, when you post comments or reviews to the site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions or content. We may, but shall not be obligated to, remove or edit any submissions (including comments or reviews) for any reason.

CONTENT
    When you upload a track or post content to anonymous tracks, you grant:
  • To anonymous tracks a worldwide, non-exclusive, royalty-free, transferable licence (with the right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the provision of our anonymoustracks.com service and anonymous tracks’s business, including without limitation for promoting and redistributing part or all of our anonymous tracks.com service (and derivative works thereof) in any media formats and through any media channels. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law;
  • To each user of our website a worldwide, non-exclusive, royalty-free licence to access your content through our service and to display and publicly perform such content to the extend permitted by the functionality of our service and under these terms.

The above licences granted by you terminate when you remove or delete your content from our website.

TRANSFER OF NEIGHBOURING RIGHTS

The buyer of a track becomes the owner of the neighbouring rights which are vested in the recording (artist and fonogram producer’s neighbouring rights). You, as a seller, for that purpose hereby agree to transfer these neighbouring rights to the buyer automatically upon receipt of the money paid for the track by the buyer. You, as a buyer, hereby accept these rights. If, for whatever reason, a transfer of neighbouring rights is not acknowledged in a country because of the legislation in such country, you, as a seller, hereby grant an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to buyer to exercise any and all artist and phonogram neighbouring rights to buyer in order for the buyer to be able to use the content bought in any way it deems fit. The copyright vested in the musical work is not part of the transfer of rights. You, as a buyer, are considered to be the new owner of the acquired track. You, as a buyer, are not considered to be the new owner of the copyrights. The copyrights in the musical work belong to the author of the musical work and you, as a buyer, need prior permission to use the copyright. After you, as a buyer, purchased and paid for a track, the track will be removed from the anonymous tracks network.

INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, and software (collectively, “content”), belongs exclusively to anonymous tracks, or its affiliates. The collection, arrangement, and assembly of all content on this site (the “compilation”) belong exclusively to anonymous tracks, or its affiliates. All software used on this site (the “software”) is the property of anonymous tracks, its affiliates or its software suppliers. The content, the compilation and the software are all protected by italy and international copyright laws. Anonymous tracks and other logos, design logos, taglines, slogans, trade names or words are registered trademarks, trademarks or service marks of anonymous tracks, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

RISK OF LOSS; OTHER TERMS OF SALE

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale, which you may access here (http://www.Anonymoustracks.com) (and on the webpages to which that webpage links).

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the agreement or revoke any or all of your rights granted under this agreement. Upon any termination of this agreement, you shall immediately cease all access to and use of the site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International access this site may be accessed from countries other than the italy. This site may contain products or references to products that are not available outside of the italy. Any such references do not imply that such products will be made available outside the italy. If you access and use this site outside the united states you are responsible for complying with your local laws and regulations.

LINKS

This site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our notice and procedure for making claims of copyright infringement.

REMEDIES

You agree that our remedy at law for any actual or threatened breach of this agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

APPLICABLE LAW

This agreement shall be governed and construed in all respects by italian laws. You agree that any claim or dispute you may have against us must be resolved by the courts of italy. You and us both agree to submit to the exclusive jurisdiction of the frosinone courts. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

In case of violation of the above listed terms of use, Anonymoustracks reserves the right to seek all remedies available by law including compensation of (third party) damages caused, up to an amount of € 3.500,00 and including compensation of fees and charges of anonymous tracks attorney.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, for which notices we refer you to our notice and take down form, your notices to us must be sent by registered mail to anonymous tracks. Via sant’antonino 03043 cassino (fr) italy. We will send notices to you via the email address you provided, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, which update then takes effect when you next upload or post us or (if this is sooner) 15 days after we post the updated terms on the anonymous tracks website. No other amendment to this agreement will be effective unless made in writing and signed by user(s) and by us.this site is created and controlled by us in the italy. As such, the laws of the italy will govern these terms, and conditions, without giving effect to any principles of conflicts of laws.

REFUND POLICY

Anonymous tracks will reserve the right of not refunding any sale. Anonymous tracks may refund the sale in the case that the track is a duplicate or illegal under petition. In such a case anonymous tracks will not be responsible for refunding the full cost of the track, but will make a definite effort to make the seller refund the price of the track directly to the buyer.

DISPUTES

Any dispute relating in any way to your visit to the site or to the products you come across through the site shall be submitted to confidential arbitration in italy, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in italy. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the state and federal courts of italy. Arbitration under these terms of use shall be conducted pursuant to the commercial arbitration rules then prevailing at the italian arbitration association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

SELLER AGREEMENT

INTRODUCTION

  • We are committed to protect the rights of the buyers and sellers; in this agreement we are going to establish how we are going to treat the rights and responsibilities of the seller (from now on referred to as producer), as well as the rights of anonymous tracks ltd (from now on referred to as anonymous tracks).
  • This agreement between anonymous tracks and the producer will have to be read, understood and accepted in its totality in the process of registering as a producer user

RIGHTS AND RESPONSIBILITIES OF THE PRODUCER

THE FOLLOWING WILL BE THE SELLER’S RIGHTS:

  • Percentage of the selling price of the track;
  • Being able to edit the track and his information with the approval of anonymous tracks;
  • Being able to remove your track with the approval of anonymous tracks;
  • Being notified of changes in this agreement via the website with a time limit of 7 business days.

THE SELLER AGREES TO:

  • Upload unique tracks, that do not contain any plagiarism or non-authorized materials that are sold exclusively through the anonymous tracks platform
  • Cede all the copyrights from any tracks uploaded to his account to anonymous tracks for a period of 6 months to be sold;

ANONYMOUS TRACKS RESERVES THE RIGHTS TO:

  • Change the price policy (price of any track uploaded by the producer);
  • Change the distribution of commissions between the producer and anonymous tracks;
  • Cancel the publication of tracks;
  • Remove tracks that have been published;
  • Edit any and all information concerning the track;
  • Modify this agreement at any time.

In the case of plagiarism or non-authorized use of any type in any track of the producer’s account all the responsibility will lie on the producer and not on anonymous tracks.

COMPANY’S DETAILS

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this site to our email, [email protected]

TAXES

You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

SALES OF DOWNLOADS

Each download is an individual sale and subject to the terms and conditions of this agreement. Each purchase of downloads by you will be regarded as a separate transaction and each delivery of a download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.

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