This Agreement sets forth the legally binding terms for use of the Service and the Website by you (“you” and “your”). By using the Website, you agree to be bound by this Agreement. You are only authorized to use the Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, please leave the Website and discontinue use of the Website immediately.
Royalty Free Kings is a service (the “Service”) that enables a user to purchase a license for certain uses of audio compositions (the “Compositions”) offered on the Website. If you wish to license rights in any of the Compositions, you will need to enter into a separate license agreement with us. Our standard license agreement can be accessed via the Website. The Website may enable you to listen to portions of Compositions, via streaming audio, to evaluate whether you want to license such Compositions (the “Streaming Demo”); you shall not have the right to copy, download, publicly perform, distribute or exploit any Streaming Demo for any purpose, and you shall acquire no rights in any Streaming Demo. PLEASE NOTE THAT THIS AGREEMENT DOES NOT GRANT YOU ANY RIGHTS IN OR IN CONNECTION WITH ANY OF THE COMPOSITIONS. NO LICENSE OR OTHER RIGHTS IN ANY OF THE COMPOSITIONS ARE GRANTED TO YOU UNLESS AND UNTIL YOU ENTER INTO A SEPARATE LICENSE AGREEMENT WITH US.
We may modify this Agreement from time to time, and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Website. We reserve the right to make changes to the Website at any time without notice.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or Service at any time, for any or no reason, with or without prior notice, and without liability. Without limiting the foregoing, we expressly reserve the right to restrict, suspend and/or terminate your access to the Website or any part thereof if we determine, in our sole discretion, that you pose a threat to the Website or our other users, or that you have violated this Agreement.
You, as a user, agree to use the Website only for lawful purposes. We reserve the right to prohibit conduct or communication that we deem in our sole discretion to be harmful to us, to individual users, to the Website, or to any third party, or which we believe to violate any applicable law. We do not assume liability for any action or inaction with respect to conduct, communication, or content on the Website, subject to any legal requirements.
We may disclose any electronic communications of any kind made to or through our Website (i) to satisfy any law, regulation, or court/government order or request; (ii) if such disclosure is necessary or appropriate to operate our Website; or (iii) to protect our right of property as well as that of our officers, directors, employees, agents, licensors and licensees.
This Website is for your personal use only. Illegal and/or unauthorized use of the Website, including unauthorized commercial use of or framing photographs contained thereon or unauthorized framing of or linking to the Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
All transactions are conducted in U.S. Dollars. By placing an order with us, you are accepting our prices for the services that we provide. Any applicable taxes are included in the quoted prices. If paying with a credit card, you hereby certify that you are the authorized cardholder or that you have been authorized by the cardholder to use the credit card. In the event the credit card is dishonored, rejected, or later contested for any reason, you agree to pay to us the full amount of your purchase. If paying by other electronic payment form, you hereby certify that you are the owner of the account from which the payment is to be made, and you agree to pay to us the full amount of your purchase.
You acknowledge that the Website contains content that is owned or controlled by us or our licensors (“Proprietary Content”) and protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies now existing or hereafter devised. The Website, including Proprietary Content thereon, is protected by copyright under U.S. law and international treaties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Website or the Proprietary Content, in whole or in part, without our prior written consent. Except as provided herein or by applicable law, you may not upload, post, reproduce, or distribute in any way any portion of the Website or the Proprietary Content without our prior written consent.
www.RoyaltyFreeKings.com and Royalty Free Kings are trademarks or service marks of Royalty Free Kings. These marks and all other graphics, logos, service marks, trademarks and trade dress of Royalty Free Kings and its licensors used on the Website may not be used without our prior written consent. All rights are reserved by Royalty Free Kings.
AGE OF USERS
This Website is not intended for the use of children or minors, and we do not market the Website for use by minors under the age of 18. We do not knowingly collect or use any Personal Information (as defined below) from minors. No information should be submitted to us or the Website by visitors who are younger than 18 years of age.
YOUR ACCOUNT AND PASSWORD
If you use the Website, you are responsible for maintaining the confidentiality of your account and password (if any) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.
When you visit the Website or send e-mails to us, you are communicating with us electronically, which constitutes your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY US AND OUR WEB HOST ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATOR OF THE WEBSITE OR THE SERVICES; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, CURRENCY, SUITABILITY OR COMPLETENESS OF THE WEBSITE AND/OR THE SERVICES; OR (IV) THAT THE WEBSITE, ITS SERVERS, E-MAIL AND/OR ANY CONTENT PROVIDED BY, SENT FROM OR ON BEHALF OF ROYALTY FREE KINGS, INCLUDING, WITHOUT LIMITATION, THE COMPOSITIONS, ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS BEYOND OUR CONTROL. WE CANNOT AND DO NOT GUARANTEE THAT THE WEBSITE IS COMPATIBLE WITH ALL PC, MACINTOSH, LINUX, UNIX OR ANY OTHER OPERATING SYSTEM, DEVICE OR MEDIA NOW KNOWN OR HEREAFTER DEVISED.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE WEBSITE. FURTHERMORE, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR IN ANY WAY CONNECTED WITH ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ROYALTY FREE KINGS AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY DOLLARS ($20), UNLESS OTHERWISE DETERMINED BY ANY COURT OF COMPETENT JURISDICTION.
THE LICENSORS WHOSE COMPOSITIONS WE OFFER ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ROYALTY FREE KINGS OR ITS AFFILIATES. ROYALTY FREE KINGS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH LICENSORS.
ROYALTY FREE KINGS AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, INTERRUPTION, DOWNTIME, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THE WEBSITE (INCLUDING BUT NOT LIMITED TO PRICING) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, ROYALTY FREE KINGS AND ITS AFFILIATES AND PROVIDERS DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR, INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRICES, PRODUCTS OR SERVICES DISPLAYED ON THE WEBSITE.
NEITHER WE NOR ANY OF OUR AFFILIATES SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
THE TERM “AFFILIATES” AS USED IN THIS “DISCLAIMERS AND LIMITATION OF LIABILITY” SECTION SHALL INCLUDE ANY AFFILIATED ENTITIES, PARENTS AND SUBSIDIARIES OF ROYALTY FREE KINGS AND THE OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, MEMBERS AND AGENTS OF ROYALTY FREE KINGS AND ITS AFFILIATED ENTITIES.
REPRESENTATIONS AND WARRANTIES
The Website is provided to you “as is” and Royalty Free Kings makes no warranties or representations, either expressed or implied, with respect to the Website nor any content contained therein and/or related thereto.
You represent and warrant that all information provided by you to the Website and/or in connection with the Website shall be complete and accurate and no part thereof, nor any element contained therein will defame or disparage any person or entity or infringe upon or violate the rights of privacy, publicity or any other rights of any kind or nature whatsoever (including, without limitation, any trademark, trade name, copyright, literary, dramatic, music, personal, private, civil, contract or property rights or rights of privacy) of any person, firm or entity.
You agree to indemnify and hold Royalty Free Kings and its parents, subsidiaries, affiliated entities and licensors, and their respective officers, directors, employees, managers, members and agents, and their successors, heirs and assigns, harmless from any losses, liabilities, claims, demands, actions, damages, costs and expenses, including attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
We have the right to assign this Agreement in whole or in part to any assignee. You shall not have the right to assign, license, sub-license, resell or transfer in any way this Agreement, and any purported assignment and/or delegation by you shall be null and void ab initio.
Data and Personal Information That We Collect
We may collect the following Personal Information from you, to the extent you choose to submit such information to us: your name, your date of birth, your telephone number(s), your e-mail address and credit card information. We do not collect any Personal Information from you simply by virtue of your visiting our Website; we only collect it if you choose to submit it to us. However, we may collect such information as your computer’s IP address when you visit the Website, and other usage information, by virtue of your visiting the Website, whether or not you submit Personal Information to us.
We also may use “cookies”. Cookies are small data files that may be stored on your computer, which let us “remember” information about your preferences and passwords and allow you to move within the Website without reintroducing yourself. We may use cookie, web beacon and/or similar technology to track which pages on our Website our visitors view and which Web browsers our visitors and users use. We also may use “action tags” to assist in delivering the cookie.
Use of the Personal Information That We Collect
When you submit Personal Information to us, we collect this information and provide it to our personnel and any third parties (including, without limitation, our providers) as we deem appropriate so that they are able to evaluate or process your requests. We may use any contact information you provide us to contact you regarding other products and services we offer. Each time we send you advertising or marketing materials, we will provide you with the opportunity to opt out of receiving such materials in the future. You may also opt out of receiving such materials at any time in accordance with the instructions provided in this Policy.
Our servers, which may be hosted by one or more third parties, will store this Personal Information, including any credit card information you choose to submit to us, and may record such usage data as URLs of the websites from which you came to the Website and to which you went from the Website, your IP address, what type of browser you use and the date and time of your Website visit(s). Usage data may be used by us for administrative, analytical, research, optimization and other purposes. We will not be required to aggregate or anonymize your personal data that we share with third parties that we deem appropriate to evaluate or process your requests.
We may also disclose the personal or other information collected if required by law or court order, if the information relates to actual or threatened harmful conduct, to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Website, to protect the property or safety of others, or in the event of the sale or other transfer or ownership of the Website, our properties, or us.
If you wish to opt out of further communications from us, or you do not want us to provide your Personal Information to third parties, contact us at firstname.lastname@example.org and tell us that you opt out of our provision of Personal Information to third parties. It is entirely your choice whether or not you provide Personal Information to us.
The Website has security measures in place for purposes of protecting your Personal Information, including your credit card information. However, we make no guaranty of confidentiality or privacy of any communication or information transmitted through the Website. We will not be liable for the privacy of e-mail addresses, registration and identification information, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of our services.
This Agreement is accepted upon your use of the Website. This Agreement constitutes the entire agreement between you and us regarding the use of the Website. If you enter into any written agreement with Royalty Free Kings or any agreement with Royalty Free Kings that you need to accept (by clicking or otherwise), the terms of such agreement shall prevail over the terms of this Agreement to the extent that there is any conflict between this Agreement and such other agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permitted by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at email@example.com with any questions regarding this Agreement.
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