Sonic Tribe
Welcome to SonicTribe

Terms of Use

Welcome to SonicTribe.com (the "Website"), which is owned and controlled by Zakindi, LLC, a California limited liability company (hereinafter "Zakindi," "we" or "us"). The Website has created a community of listeners, musicians, artists, producers and venue managers devoted to the creation, production and distribution of independent music. The community-based nature of the Website allows for the exchange and sale of digital audio files and physical CDs (the "Goods") and services between members of the Website. All Members will be able to upload images and photos, post comments, write reviews and send private messages to other Members. Members who are also Artists or Producers will be able to upload their audio and video recordings and demos. Everyone, Members and website visitors alike, will be able to purchase and download music and video for their personal use and, if desired, may enter into contractual arrangements with copyright holders for commercial use.

IMPORTANT! READ CAREFULLY.
THE FOLLOWING IS A LEGALLY BINDING AGREEMENT.

Posted July 19, 2010

These “Terms of Service” (hereinafter “ToS”) constitutes a legally binding agreement between you and us when you access the Website or use the Website in any manner whatsoever or access any of the services offered by us. A person who registers with the Website and/or accesses or uses the Website and/or the services offered thereon (the "Services"), whether or not s/he pays a fee therefor, is hereinafter referred to as a “User” or simply “you.” If you upload any sound recordings, musical compositions, audiovisual works, works of visual art, including cover art and photographs (hereinafter "Works") to the Website, additional terms and conditions apply in our Upload Agreement.

Your Warranties and Representations. By registering with the Website and/or accessing or using the Website and/or Services, you warrant and represent that:

IF YOU DISAGREE WITH ANY OF THE TERMS and CONDITIONS NOW OR AT ANY TIME HEREAFTER, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR SERVICES AND YOU MUST LEAVE THE WEBSITE IMMEDIATELY.

Changes, Modifications and Amendments to Terms and Conditions. The Terms and Conditions are subject to change, modification or amendment ("Update") from time to time by Zakindi at its sole discretion and without any prior notice. Except as provided in our Upload Agreement, all Updates become effective on the date they are posted on the Website. Your continued access or use of the Website and/or Services after an Update is posted shall be deemed full acceptance of all changed, modified or amended Terms and Conditions. The most recent versions of the Terms and Conditions (including this ToS) are the ones on the Website and you should always review them prior to using the Website. IF YOU DO NOT ACCEPT EACH AND EVERY CHANGE, MODIFICATION OR AMENDMENT, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE OR USING ITS SERVICES.

Violation of Terms and Conditions. Any violation of any of the Terms and Conditions at any time may result in a suspension or cancellation of your registration with the Website. This is without prejudice to any rights or remedies we may have at law or in equity, including but not limited to seeking injunctive relief and damages.

Membership and Fees. Some Users will be required to register with the Website. After registration, such User will be deemed a member ("Member"). Members may have certain privileges on the Website, e.g., being able to offer goods and services like CDs and promotion.

- If you are or become a Member, then you shall be required to provide us with certain information for us to identify and contact you. In addition, you warrant and represent that:

- Members of the Website include those who just want to listen ("Listeners"); those who wish to upload their music for promotion, distribution and sale ("Artists"); those who produce music ("Audio Professionals"); those who offer management, promotion or publicity services and/or book tours (“Managers & Agents”); and those who book or manage locations where music is performed ("Venues"). Membership fees may vary depending on the type of membership selected. You may also have the option of choosing the level of you service you want (and rates may vary accordingly). For example, you may be required to change or upgrade your membership in the event you want to list or download more songs. (You'll know whether you need to change or upgrade your membership because a pop-up, banner or other message will appear if you try to access a service not available to you.)

- For Services which require membership fees, you shall only be provided access to such Services after you have paid the applicable fees. You shall pay all fees and charges incurred in connection with your membership status and activities involving the purchase or sale of goods or services, including applicable taxes and communications or access charges, at the rates in effect at the time the charges are incurred. For a list of current fees please see the subscription area of SonicTribe.com. Fees shall be billed automatically at the start of each subscription period.

- Fees and charges are non-refundable. Zakindi, LLC may change subscription rates in the normal course of business. In such event, we shall advise you of the new rates in the annual renewal notice that we send you prior to the end of your subscription term. (See our NOTICES provision below for our obligations to provide such notice.) Unless we agree to an alternative method of payment, we shall bill all charges incurred in connection with your account to the credit card you provided during the registration process.

- All the charges and fees on the Website are stated in U.S. Dollars, unless otherwise specified.

Communications. Members may post comments on the profiles pages of other Members. All Members will be able to provide links to outside websites and have the ability to send personal messages (PMs) to other Members and text emails to anyone on or outside the Website.

Postings.

- Members may provide ratings of other Members from whom they have purchased goods or services. These ratings may also include posted messages. Both the posted messages and ratings (collectively, "Postings") will be found, for all viewers to see, at each member's profile page.

- We do not monitor Postings. By their very nature, they may be offensive, harmful, inaccurate, or deceptive and we accept no liability therefor. Notwithstanding the foregoing, we reserve the right to take any action with respect to any Posting deemed unsuitable, including but not limited to removing all or part of the content thereof and suspension or termination of the membership.

- Postings shall not contain material which could be construed, or is construed, as racist or derogatory to, or promoting violence against or hatred of, any class, group, gender or category of people. Membership and the goods and services offered on the Website are available to all people, regardless of gender, race, religion, creed, sexual orientation or belief, and respect for these aspects of identity is required. You further agree that Postings shall not contain any material which (a) violates any law or regulation or any condition of the Terms and Conditions (b) infringes on any right (including but not limited to copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy) of any person or entity; (c) could be found to be "obscene" in any jurisdiction of the United States; or (d) indulges in or encourages harassment, defamation, stalking or any other type of unwelcome advance.

Security.

- We use secure forms to enable you to enter your credit card information. The transmitted credit card information is protected by the industry standard that protects information from third party intrusion through encryption. SonicTribe is a Versign secure site. However, no security is impenetrable and we cannot guarantee the security of our database or your information as it is in transit between you and us.

- You shall have the opportunity to review, modify, and confirm each transaction you are contemplating. All sales are final and there shall be no refunds for goods or services once payment is made, provided, however, that any defective goods shall be replaced by and at the sole cost of the Member whose goods were purchased.

Goods, Services and Payment. In the event that a purchaser informs SonicTribe that Goods or Services purchased from a Member (a "Member-Seller") were not received, or that the Service received was materially different from the description and terms listed on the Website for this Service, we may conduct an investigation to determine the pertinent details of the situation. Pending such investigation, we may withhold any payment to Member-Seller in an amount equal to the full purchase. If we, in our sole discretion, find that the purchaser was correct in his/her assertion, we reserve the right to refund all charges to the purchaser and charge the Member-Seller's account for such refund. In the event of any chargeback or cancellation of a charge by a credit card company in respect of a prior transaction, we shall have the right to deduct the full cost of such chargeback or cancellation (including any third party service fees) from Member-Seller's account.

Ownership of Works. You shall at all times be and remain the sole owner of and administrator of the intellectual property rights in and to the Works. When you upload Works to the Website, you will be required to enter into an additional agreement (our "Upload Agreement") setting forth your and our legal rights and obligations with respect to your Works. If you are intending to use the Website to upload any Works, you should familiarize yourself with the Upload Agreement in advance by clicking here.

Ownership of Postings. You shall be deemed the owner of Postings made by you, but you hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license throughout the world to reproduce, modify, adapt, publish and display your Postings, in whole or in part, in any media now or hereafter existing. In order to enable us to run the Website and use the Works and Postings, you also grant us the right to use or reference your member name on the Website and elsewhere to promote the Website and our business without your consent.

Ownership and Integrity of the Website.

- The Website, the design thereof, all trademarks, services marks and tradenames, and all html, coding and content which is not either Works or Postings, together with all rights of any kind or nature in or to any of the foregoing, are owned by and shall at all times remain the sole and exclusive property of Zakindi, LLC. Certain content may be licensed from third parties, and all intellectual property rights related to that content belong to the respective third parties.

- Under no circumstances shall you engage in any of the following acts, conduct or behavior:

Limitations on Liability.

THE FOLLOWING PROVISIONS LIMIT OUR LIABILITY UNDER THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT:

NOTE: Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you.

Force Majeure. We shall not be in default under the terms of this Agreement nor be liable for failure to observe or perform any of the Terms and Conditions (1) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, war, insurrection, riot, civil commotion, strikes, lock-outs, labor or industrial disputes, acts of God, acts of governments, flood, storm, tempest, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, or technical problems or communication failures, or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by us or any third party.

Indemnification. You hereby agree to and do hereby indemnify, save, and hold harmless Zakindi, LLC and any parent, subsidiary and affiliate, and our and their respective successors, assigns, officers, directors, shareholders, employees, sub-contractors and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the Terms and Conditions or your use of or conduct on the website.

Miscellaneous.

If there is a conflict between an oral or written representation made by any of our employees or agents and any provision of this Agreement, this Agreement shall prevail. The ToS shall prevail over any conflict or inconsistency with the Privacy Policy and any FAQs on the Website.

You agree that we may assign the rights we have acquired under this Agreement to any other person or entity of its choosing and through multiple tiers, with or without notice to you. You may not assign any rights you may have under this Agreement without our prior written authorization.

No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.

If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

This Agreement shall be governed by and shall be construed in accordance with the laws of California without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in San Francisco, California, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto.

The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

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