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Terms of Use

1. Terms and conditions

1.1. Site usage agreement

By using this site and/or downloading any material, you agree to be bound by this agreement. This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. 4stockmusic reserves the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changed base on our community, stock music database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any sounds listed under the 4stockmusic.com domain you agree to be bound by this agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded.

1.2. Use of this site

This site is owned and operated by 4stockmusic.com. All sounds and related informational materials in any medium provided by 4stockmusic hereunder, including related text, captions, or information (collectively referred to as sounds) are owned by 4stockmusic and by our sound providers (music artists), members of our community. All the stock music is protected by international copyright laws.

4stockmusic.com may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the stockmusic, delete all stockmusic and all copies from all media and destroy all other copies. Your use of this site and any stockmusic shall comply with all applicable law. 4stockmusic.com may restrict or remove your access to this site at any time, or restrict or remove the use of any stockmusic for any reason, and may replace the music with other music, and you agree to immediately discontinue all use of the music upon notification from 4stockmusic.com.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Sounds may include historically and culturally important sounds and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any music requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by 4stockmusic or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

4stockmusic makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. While the responsibility for the music uploaded is entirely on the artists side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please notify us, in order that we may take the appropriate measures.


1.3. Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.


1.4. Registering for a 4stockmusic account

To obtain access to our sounds as well as upload any sounds, you have to apply for a 4stockmusic account and you agree to provide complete, true and accurate information. 4stockmusic reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by 4stockmusic.

You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify 4stockmusic of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all sounds downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify 4stockmusic of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any 4stockmusic account or web site or related services.
At anytime, you may request your account access to be restricted, but 4stockmusic reserves the right to delay your request until all requirements of this agreement are met. Only accounts without any activity related to the site's services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the 4stockmusic admin staff, for legal purposes.

None of our sounds may be resold or redistributed by any means, or made available for redistribution or resale by a third party without 4stockmusic separate written consent.

1.5. Royalty-Free License – concept info

What Royalty-Free means is that you pay for the sound only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost.
The Royalty-Free license is granted ONLY for the non-watermarked sounds (the one that is bought using the download button); all the other versions are entirely copyrighted.

1.6. Royalty- Free License of use of Non-Watermarked Sounds and Restrictions

The sounds that you download under the regular Royalty Free (RF) license may be used for video projects, websites, installations or any other item in which the sound appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding advertising and promotional material, as long as the use of the sounds in a correct way please email support using the help form

When the sound is intended to be sold or given for free, are considered redistribution (if the sound is used in an essential manner). The use of 4stockmusic.com sounds for these purposes under the regular Royalty Free license is not permitted. It is also forbidden to make the sound available on a website for download, although you may use the sound in a concept in as many websites as you want, for any number of clients.

Buying the sound (purchasing the license) does not transfer the copyright. You may not claim that the sound is your own and you may not sell, license for use, or in any way distribute the sound for reuse. We recommend that you credit the agency and the artist when you use an sound. By this you benefit the community at 4stockmusic.com, of which you are an integral part, and help increase your success as part of the community, which, by growing contributions, gains quantity and quality.

1.7. Unauthorized use

Without limitation, Sounds may not be used as a trademark or service mark (unless the appropriate extended license is being used), for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these sounds constitutes copyright infringement and shall entitle 4stockmusic to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Sounds. The foregoing is not a limiting statement of 4stockmusic's rights or remedies in connection with any unauthorized use.

1.8. Credit Line Requirements

All sounds used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each sound used within editorial purposes. The credit line format is specified on the Download confirmation page.




1.9. Sensitive Subjects

Any license granted by 4stockmusic shall not constitute a representation that an Sound is compatible for use with any other material. You are solely responsible for the use of any Sound in combination with any other material, and you agree not to use Sounds with sensitive topics without 4stockmusic's separate written agreement. You must contact 4stockmusic for additional information prior to any use of an Sound with any sensitive topic.

Each artist that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the sound and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.
4stockmusic will not be held responsible for any of the materials you upload to the site.


1.10. Refund Policy

You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all sounds used in different designs and that you must provide a well founded reason for your request and your 4stockmusic username.

If you have downloaded an sound that has technical flaws please contact us for a refund of all credits used for downloading the sound. If you are not able to download an sound, we will refund the credits, provided that 4stockmusic determines that you have been unable to download the sound successfully. If several credits are deducted from your account, due to multiple unsuccessful attempts of retrieving the file, you should email support for a full refund of the extra credits. Downloads are not refunded if more than 7 days from the download date have passed.

1.11. 4stockmusic Trademarks

The trademarks, services and logos used and displayed in 4stockmusic.com are registered and unregistered trademarks of 4stockmusic.com its subsidiaries and affiliates. 4stockmusic.com trademarks may only be used publicly with the permission of 4stockmusic, Inc. with proper acknowledgement. Except as expressly granted 4stockmusic, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

1.12. Indemnification

You agree to indemnify, defend, and hold harmless 4stockmusic against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Sound either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Sound, or any claim by a third party related to the use of an Sound, alone or in combination with any other material.


2. Disclaimers

4STOCKMUSIC PROVIDES YOU WITH ITS SITE AND SOUNDS ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY SOUNDS, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER 4STOCKMUSIC NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE SOUNDS, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL 4STOCKMUSIC'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY SOUND PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT SOUND.


3. Copyright

The Artist acknowledges that 4stockmusic prohibits any Sound or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at 4stockmusic.com.

By uploading his/her Sound, the Artist is warranting that he/she owns all proprietary rights, including copyright, in and to the Sound.The Artist acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on 4stockmusic's servers. 4stockmusic reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.

The Artist hereby grants 4stockmusic a non-exclusive license to post the Sound on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants 4stockmusic and its representatives the right to sublicense the Sound to their customers in accordance with the terms of the 4stockmusic Royalty-Free License Agreement, a copy of which the Artist acknowledges reviewing and agreeing to.

The Parties agree that all rights, including title and copyright, in and to the uploaded Sounds, shall be retained by the Artist, unless otherwise mentioned by the license agreement. The Artist acknowledges that no monetary or financial compensation is owing or required to be paid to the Artist by 4stockmusic or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Artist. While 4stockmusic acknowledges that its policy is to provide the Artist with certain payments whenever an Sound uploaded by the Artist is downloaded, the parties agree that 4stockmusic may amend such policy from time to time, as reasonable business objectives may require.
Currently, each artist may request to be paid for his/her balance on 4stockmusic.com and 4stockmusic is obligated to pay via check or similar means, once the balance has reached $100 and the artist has submitted a payment request via website.

4stockmusic is entitled to carefully analyze all details and logs of the artist and his/her downloads/sales on the website. If any suspicion exists, 4stockmusic.com has the right to delay the payment request until all details are cleared or to refuse the payment.

The Artist agrees that neither 4stockmusic.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Sound. The Artist further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Sound.


4. Notification of copyright infringement

4stockmusic may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on 4stockmusic's site, send 4stockmusic a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the 4stockmusic site; (iv) information sufficient to permit 4stockmusic to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.



5, Sell the rights option - Artist's Sound Copyright Release Form

For valuable consideration: I hereby authorize 4stockmusic.com to publish, distribute, and sell all sounds that I submit to them in their web site assignments at www.4stockmusic.com

I understand that by submitting sounds to 4stockmusic.com, I authorize 4stockmusic.com to duplicate, distribute or resell any and all submitted sounds, for sale to the public or for commercial applications. I am aware and fully understand that 4stockmusic.com will not be held liable for any copyright infringements on any sounds submitted by myself. By submitting my sounds to 4stockmusic.com for publication in their web site galleries for sale, I relinquish all copyrights and rights to sell and/or use the sounds that have been submitted.

I understand that the buyers of any licenses sold by 4stockmusic.com for my sounds, will remain anonymous to me. In this event, I agree not to make any contact with the buyers of my sounds, unless they are in obvious undisputable breach of the licensing terms of the license issued by 4stockmusic.com. In the event I take any action against the buyers for being in breach of the licensing agreement, I agree to notify 4stockmusic.com in writing of my intentions and I agree to indemnify and hold harmless 4stockmusic.com, its owners or directors, staff and associates of any and all such actions.

I acknowledge that in exchange for this copyright release, 4stockmusic.com is obligated to award a fee for each sound submitted and accepted by 4stockmusic.com and that the agency will set the fee for each assignment. I understand that 4stockmusic.com is entitled to refuse any of my sounds in which case I retain all copyrights, without any further obligations.
I acknowledge 4stockmusic.com has the right to remove from the 4stockmusic.com web site any soundgraph at any time. 4stockmusic.com is not required to alert the artist as to the reasons for the removal unless the artist specifically requests a reason.

In addition to the terms stated above, I confirm to 4stockmusic.com that:
The sounds submitted are my own personal property.
I will honor completely all licenses sold by 4stockmusic.com, within the terms of those licenses. I agree to abide by all the terms and conditions as stated within this document and in regard to copyrights and or my release of copyrights that are included in this form.

6. No Waiver / Severability

No action of 4stockmusic, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

7. Contributors' obligations - non-exclusivity and exclusivity:

4stockmusic.com allows you the opportunity to work with 4stockmusic.com.

Contributors shall receive a percentage from each sale made by 4stockmusic on their behalf as described in the paragraphs below. Considering the dynamic nature of the industry, 4stockmusic and its distributors, affiliates, etc. can represent the artists using different marketing techniques or models (such as credit based or subscription payment plans, third party distributors etc.). The paragraphs below mention the minimum percentage that is to be awarded to the artist from the sale price, unless otherwise mentioned in different areas of the site (such as the Alliances section or Sell your sounds section).
Contributors are not allowed to download their portfolio (partly or completely) if this is performed in order to take advantage of any available discounts and bonuses provided by 4stockmusic.com. Contributors who lost their own sounds during a hardware failure are asked to contact support in order to receive a copy of their own files.

The contributors may upload their sounds to 4stockmusic.com while selling the same sounds through other channels. The contributors shall receive fifty (50%) percent of the sale price received by 4stockmusic.com for the sounds they have contributed to the site which are subsequently sold by 4stockmusic.com.

4stockmusic.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.

 
 

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