Terms of Service - Sound State Music

2020-06-11 16:25:12

Beijing Shengzhou Culture Media Co., Ltd. (hereinafter referred to as "Sound Sate Music") please read carefully (minors please read it with their legal guardians) the "Sound State Music Terms of Service " (hereinafter referred to as "this agreement "), And please confirm that you know and agree to the above content, you agree that this agreement will apply to your use of this website and any activities implemented with the help of this website.

The final revision of this agreement is on Sunday, September 1, 2019, pacific time.

General

This website has the right to formulate and modify this agreement and various rules from time to time according to the actual needs, and make announcements by way of website publicity. This website is a platform that provides users with trading music services. Users can complete project transactions, purchase and sell products, and use other related services we provide through the platform. Buyers and sellers must register an account on the website to use the aforementioned services.

The user of this website must be a natural person with full civil capacity, or an entity with legal business qualifications, and have the corresponding qualifications stipulated by laws, regulations and industry regulations regarding the content and scope of the services provided. People without civil capacity, limited civil capacity, and organizations without business or specific business qualifications may not register as users of this website or transact on this website beyond their civil rights or capacity; otherwise, this website has the right to cancel orders and freeze Or close accounts, refuse to provide services and other measures. If the perpetrator causes loss to any third party due to lack of capacity or lack of corresponding qualifications, this website shall not be liable; if the perpetrator causes losses to this website and related parties, it shall also be liable for compensation. This website only accepts the real name corresponding to the ID card or the name of the legal representative who is in line with the business license of the enterprise for registration, and the registrant (natural person) is fully responsible for any actions carried out through the account. This website reserves the right to refuse the registration of specific individuals or entities on this website.

Delete Account

You can delete your account by sending an email to support@soundstate.cn

In addition to, You’d need to qualify the following conditions:

(1) There are no unfinished projects docked through this website;

(2) There are no unresolved issues (such as your account being frozen or restricted);

(3) There is no unpaid items;

(4) There are no other security and legal risks that this website believes may exist.

Account Security

Any behavior that disrupts or threatens the security of the website, you should notify us at the first time and take all measures to minimize the above violations (including the preservation of evidence and the notification of the authority). You are responsible for the security protection of the password of your account. If you fail to take reasonable measures to protect the security of your account, you will bear all the losses arising therefrom.

The Service and General Limitations of Use

The Service is an online music catalogue service, by which Sound State Music makes available digital music files (collectively as well as any part thereof "Content") for the purpose to be used in audiovisual productions and/or other productions, under the terms and conditions as set out in these Terms and Conditions and the applicable music license agreement.

You access the Service from Sound State online interface. The Service is available for entities and persons that have registered and created user accounts to the Service.

The assortment of Content may be amended at all times by Sound State Music, with or without any notice to you. You accept that the Content that is available might not be available at a later stage.

Content types and descriptions, such as genres, categories etc., are provided for your convenience only and Sound State Music does not guarantee their accuracy.

You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more requests to Sound State Music or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.

You agree to only download Content in accordance with the restrictions applicable to your account.

Intellectual Property Rights

You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms and Conditions and under the applicable music license agreement.

All content available through the Service and on the website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Sound State Music.

Except for the rights expressly granted to you in the applicable music license agreement and in these Terms and Conditions, no right to the Service or the Content is assigned to you, and all right, title and interest in the Service and the Content are reserved and retained by Sound State Music. Sound State Music do under no circumstances transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content.

Please note that you may not use the Content in connection with other material that is offensive, defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the Content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the Content.

Please also note that you are not allowed to upload or otherwise exploit the Content provided in the Service as stand-alone files (for example, uploading the track to any kind of distribution platform or otherwise distributing a track as a full-length (or shortened) file, on its own or with a just background picture and/or just the name of the artist/track).

Fees and services

The website charges sellers and buyers a certain fee for the specific services provided, including but not limited to project sharing fees, platform service fees, and sound design fees. You can check the fee details through the product introduction page or the FAQ page. The fee details will be modified as needed and will be announced by website announcement. This website may make temporary changes to the fees based on promotions or promotional activities, and the price changes will take effect immediately when this website displays relevant information in a public manner.

Third Party Applications

The Service and website is integrated with third party applications, websites and other services to make the Service and Content available to you as a user. These third party applications may have their own terms and conditions of use etc., and your use of these third party applications will therefore be subject to the applicable terms and conditions for such third party provider. Sound State Music is not responsible or liable for behavior, content or features of any third party application.

Currency

The payment currency unit of this website is RMB and USD. This website does not provide any currency exchange standards other than the above two currencies.

Taxes

You’d need to bear the related taxes and fees arising from the use of this website, including any taxes or VAT related to goods and services that need to be paid in accordance with the laws of the region. The service is provided It is stated on the bill. The invoice related to the music production service fee is issued by the party providing the design service according to the design agreement signed separately by the buyer and the seller.

Sound State Music, as a company incorporated in Beijing, any income we collect will be subject to VAT in accordance with the laws of the People's Republic of China (excluding Hong Kong, Macau, Taiwan), which will be reflected in the corresponding invoice. Invoices related to platform service fees, project release fees, and sound design fees are issued by Sound State Music according to your specific agreement with Sound State Music. You should also fulfill your personal income tax obligations as stipulated by the laws of your jurisdiction.

Disputes Between Users

You read and agree that when there is a dispute between you and other users about any project. You’d need to try to resolve any problems that you and other users cannot reach agreement on the project in a fair, reasonable, legally compliant and contractual manner , Such as the quality of services provided based on the project. For the various losses and legal liabilities caused by the matters related to the above dispute, you agree to compensate and make us (and our employees, managers, agents, branches, joint ventures and other employees) in the dispute All types of claims and compensation exemptions.

If you have a dispute with another user, you agree to exempt us (and our employees, managers, agents, branches, joint ventures, and other employees) from all disputes and compensations arising from the dispute responsibility.

User’s Liability For The Website

For any third party to this website (and employees, supervisors, agents, subsidiaries, joint ventures and employees of this website) caused by any violation of the user agreement, the law, or the use of this website and the services provided by this website to infringe the legal rights of third parties ). You are fully liable for the loss and damage caused by the lawsuit or request filed. In addition, if you do not act within a reasonable period of time considered by this website, or violate this user agreement, this website has the right to use your funds in the specific account of Sound State Music to compensate the loss of this website.

Non-Insurance or Guarantee

We do not provide any form of insurance, or other similar user protection. All the terms in this agreement are not considered as a guarantee to you by this website.

No Guarantee of Website Content

This website is a dynamic instant website. The content on this website will be changed frequently; Therefore, there may be some that we inadvertently or third parties i or intentionally publish, which is harmful, invasive, erroneous, and misleading Sexual and deceptive information. All the content of this website is presented in its original form without repair or improvement. We do not guarantee that there is no obvious or potential flaw in the above content. We specifically declare that we will not guarantee any ownership, marketability of products / services, suitability for specific purposes, quality, or non-infringement.

Limitation of Website Liability

Under any condition, our related entities, affiliated entities or employees be liable for any contract, infringement or any other form of legal liability for the following situations:

(1) Any direct or indirect, specific or non-specific, incidental or consequential damages that you have not blamed on this website;
(2) Any direct or indirect loss of income, business or profits you have suffered;
(3) Any damage or loss you suffered due to the exchange on this website.
(4) Any damage or loss caused to you by any third party due to violation of the provisions of this user agreement or national mandatory laws and regulations.

Regardless of whether we, our related entities, affiliated entities or employees have been informed of the possibility of the aforementioned loss or damage, the limitation of the aforementioned liability will not be affected. If the laws of your jurisdiction do not allow certain liability exclusions or exceptions as stipulated above, the provisions of that law shall prevail. In this case, our level of liability exemption is the maximum allowed by law.

Litigation Obstruction

We may defend this agreement against your litigation or other dispute resolution procedures for any transactions or other matters related to this agreement brought by us. You read and agree to give priority to negotiate and resolve with us in a fair and reasonable manner when a dispute occurs.

Term and Termination

This agreement will continue to be in force until terminated by you or Sound State Music.

If you or Sound State Music terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms and Conditions or any thereto related documents, your right to use the Service and access to Content will immediately terminate. Sound State Music may further, at its sole discretion, terminate your account and your access to the Service with 2 week’s notice.

Assignment

Sound State Music is entitled to in whole or in part assign its rights and obligations under these Terms and Conditions to a third party. You may not assign these Terms and Conditions to any party.

Partial Invalidity

If any provision of these Terms and Conditions shall be invalid or unenforceable, at any time or to any extent, then the remainder of these Terms and Conditions shall not be affected thereby. Each provision of these Terms and Conditions shall be valid and enforced to the fullest extent permitted by law.

Law and Dispute Resolution

China law (excluding Hong Kong, Macau, and Taiwan) shall apply to these Terms and Conditions except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be determined by Chinese courts of general jurisdiction where the district court of Beijing shall be the court of first instance.

Sound State Music has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.

Support

You will find answers to the most frequently asked questions about the Service on the website www.soundstate.cn. You are always welcome to contact Sound State Music on support@soundstate.cn.

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