Welcome to My Audio Marketplace

1. Hi, we’re My Audio Marketplace and welcome! We’re excited to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘My Audio Marketplace’ it’s because that’s who we are and we own and run the My Audio Marketplace website.

2. My Audio Marketplace’s is a digital marketplace which helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an My Audio Marketplace account that will allow you to buy and sell items like the ones found on the My Audio Marketplace site and make other related transactions.

3. The My Audio Marketplace site are platforms that allow members to buy and sell licenses to use digital items like production music, mixing templates,  VSTs, Preset Banks, Beats and much, much more. My Audio Marketplace facilitates transactions between us, buyers and authors via a payment method. Any transactions are logged on your member’s statement, which records the payments made by you to authors via My Audio Marketplace (as a buyer) and by buyers via My Audio Marketplace to you (as an author).

4. The items on My Audio Marketplace are owned by the authors, not by us. We provide a platform; we do not take ownership of the items or get any rights to use the items other than to make them available on and promote our site.

5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the My Audio Marketplace site is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.

How browsing and membership works

6. Browsing: You need to be 13 years or older to browse the My Audio Marketplace site. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our site whether or not you’re a member.

Membership

7. Age: You need to be 18 years or older to become a member. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.

8. Benefits: Membership is free. When you become a member you get an My Audio Marketplace account. Your membership will allow you to ‘buy’ (license) items from authors, participate in our website. Membership also gives you the opportunity to become an author (see section 23 – Becoming an Author) and earn referral income (see section 10 – Referrals).

9. Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a working email address). Your membership is not transferrable. You are responsible for any use of the My Audio Marketplace site that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password on your behalf. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the My Audio Marketplace Terms carefully.

10. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our My Audio Marketplace site you will be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals (*here coming soon.)

How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on My Audio Marketplace.

11. The total price for an item on My Audio Marketplace is made up of several components including:

    1. Item price: When you ‘buy’ an item, you’re paying a price to the author for the right to use that item; you’re not actually buying the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on My Audio Marketplace. Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license for your requirements.
    2. For the different types of licenses and what they mean see our licensing page. This links to our licensing resources, and if you still have a licensing question you can email us.
    3. The list price is made up of the: a. item price and b. the price you see on an item page.
    4. Taxes: Some transactions on My Audio Marketplace may be subject to tax that may be added to the list price or handling fee. See section 16 for details about taxes on My Audio Marketplace.

Transacting as a buyer:

12. You can make payments in one way: you can ‘buy it now’.

13. Currency conversion costs: You are responsible for all costs of currency conversion relating to your My Audio Marketplace account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from My Audio Marketplace, which we have no control over.

14. Terms of buying: When you buy an My Audio Marketplace item you’re doing so on the following terms:

    1. you promise to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
    2. you cannot cancel a completed purchase of an item;
    3. we and the authors do not promise that any particular item will continue to be available on My Audio Marketplace so you should download and save the item as soon as you buy it;
    4. once you purchase an item and you pay the item price, you acquire a non- exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
    5. the author retains ownership of the item;
    6. your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services;
    7. we have the right to enforce against you the terms of the license that you have acquired from an author.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

15. What authors promise you about items: The author of an item you buy promises you that:

    1. they own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
    2. the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
    3. the item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
    4. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

This is what authors are promising you when you buy an item.

16. Taxes:

    1. Prices and fees are inclusive of transactional taxes where relevant (like sales tax, VAT and GST), except for the following (which will be added as part of the total price buyers see before finalizing a purchase): (a) European Union VAT (if applicable) and (b) any other transactional taxes we state on the site will be added.
    2. You are responsible for paying all other fees and taxes associated with your use of My Audio Marketplace wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

17. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item.

Refunds

18. Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under United State consumer law or other relevant consumer protection laws. If you would like to request a refund or credit on a purchase, you should contact us.

19. We will assess refund or credit requests on their merits, considering the digital nature of My Audio Marketplace items and the type of item preview that was available before purchase. There is no obligation to provide a refund or credit in situations like the following:

    1. you have changed your mind about an item;
    2. you bought an item by mistake;
    3. you do not have sufficient expertise to use the item;
    4. you ask for goodwill; or
    5. you can no longer access the item because it has been removed by its author from My Audio Marketplace (we advise you to download items as soon as you buy them to avoid this situation).

20. If we decide to issue a refund or credit, this will be done using the same manner used to make the purchase. So if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not My Audio Marketplace credits) will be made in US Dollars, under the rules of the payment method (see section 13 – Currency conversion costs about currency conversion back to your local currency).

It is important that you understand how refunds work on My Audio Marketplace.

21. Disputes lodged with payment agents: If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your My Audio Marketplace account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your My Audio Marketplace account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

22. Fine print: We are not a bank or licensed deposit taker in United States or elsewhere, your credits are not deposits under United States law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Becoming an author

23. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our authors sell stock items in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession. If you want to get involved in our community as an author find out how here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.

To find out more about how to become an Author visit the ‘Become an Author’ guide here.

Intellectual Property

24. What we own: We own all the My Audio Marketplace content that we have put on My Audio Marketplace (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the My Audio Marketplace site, and copyright, trademarks, designs and other intellectual property on My Audio Marketplace. We own all the trademarks, logos, service marks and trade names on My Audio Marketplace (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our My Audio Marketplace Content or use any of our intellectual property in any way not expressly stated in these terms.

25. What we don’t own: We do not own the items on My Audio Marketplace; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the My Audio Marketplace do not infringe the intellectual property rights of a third party. (Each author provides warranties to you directly when you purchase their item – see section 15 – What authors promise you about items – What authors promise you about items.)

26. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Content Policy.

Our Content Policy is where you will find all the information relating to how we treat intellectual property on My Audio Marketplace including copyright and other rights.

Our use of your information

27. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the My Audio Marketplace site and their services, including marketing activities.

Our Privacy Policy explains how we deal with your information and it forms part of these terms.

28. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the My Audio Marketplace will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the My Audio Marketplace, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the My Audio Marketplace to any other person.

Playing fair

29. Prohibited Conduct: My Audio Marketplace is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on My Audio Marketplace but you promise that you will not:

    1. use a false email address, impersonate others, or misrepresent your affiliation with others;
    2. attempt to gain unauthorized access to computer systems or content through the My Audio Marketplace;
    3. attempt to contact other members through the My Audio Marketplace or use any information gained from the My Audio Marketplace with the intention to make a private arrangement that would otherwise be made using the My Audio Marketplace;
    4. enter any arrangements that are not consistent with these terms or the Author Terms;
    5. use information gathered from or through the My Audio Marketplace in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our site);
    6. attempt to or actually interrupt, negatively impact or alter the My Audio Marketplace operation in any way;
    7. use the My Audio Marketplace or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
    8. modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the My Audio Marketplace, other than in accordance with these terms or the license for the item.

30. We strongly recommend that you don’t make your contact details public on the My Audio Marketplace or in any communications via the My Audio Marketplace site. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under section 29(3) – Prohibited Conduct – Prohibited Conduct and you do so at your risk!

31. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the use of your content is unauthorized, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the My Audio Marketplace and any content might result in liability to us or anyone else.

32. Community participation: We take great pride in our global and thriving community—it’s part of what makes the My Audio Marketplace such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on My Audio Marketplace, please read the Community Guidelines, as you agree to follow them as part of these terms.

Linking; apps made by others

33. Linking to the My Audio Marketplace: We’d be delighted if you decide to link to My Audio Marketplace from other site but you have to link to a full version of a page as seen by someone navigating directly to the My Audio Marketplace site and looks the way we’ve intended and not link directly to an image hosted on My Audio Marketplace. That includes no “in-line” linking methods resulting in images hosted on My Audio Marketplace being displayed on other sites. You must not “frame” any My Audio Marketplace pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the My Audio Marketplace be discontinued, and to revoke your ability to link to the My Audio Marketplace.

34. Links from the My Audio Marketplace: The My Audio Marketplace site may contain links to other non-My Audio Marketplace site. We have no control or responsibility over anything on those site, and do not endorse or sponsor those site, even if they are affiliated to us.

35. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with My Audio Marketplace. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Legal Housekeeping

36. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we do reserve the right, based on our reasonable discretion, to determine whether or not your use of My Audio Marketplace complies with these terms. We can suspend or terminate your My Audio Marketplace account at any time for any reason (acting reasonably of course), including if you don’t comply with these terms. If we do decide to permanently terminate your My Audio Marketplace account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

Our indemnity to you

37. We provide My Audio Marketplace, not the items on My Audio Marketplace. We are liable and responsible for:

    1. our use of the My Audio Marketplace;
    2. the services, messages, My Audio Marketplace Content, software or other information we send through My Audio Marketplace;
    3. My Audio Marketplace Content breaching of any intellectual property rights belonging to others;
    4. our breach of these terms;
    5. our breach of any industry code, regulation or law that applies.

38. You have no responsibility to us for, and we agree to indemnify you from, all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section – Our indemnity to you – Our indemnity to you.

Your indemnity to us

39. You are liable and responsible for:

    1. your use of the My Audio Marketplace;
    2. the items, message, content, information, software or other materials you send through My Audio Marketplace;
    3. your content breaching any intellectual property rights belonging to others;
    4. your breach of these My Audio Marketplace Terms;
    5. your breach of any license of an item;
    6. your breach of any industry code, regulation or law that applies.

40. We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in the previous section 39 – Your indemnity to us – Your indemnity to us and you agree to indemnify us, our directors, officers, employees and agents from all losses.

This means that you protect us from costs and claims that happen because of your actions on the site.

41. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

42. Availability: We strive to have the My Audio Marketplace available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the My Audio Marketplace, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how My Audio Marketplace works. We will not be liable to you for any loss you suffer as a result of these things.

43. Third party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

44. Disclaimer: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these terms and we are not bound by implied terms. Except as provided in a non-excludable law, our and each author’s liability for breach of any implied warranty or condition which cannot be excluded is limited, at our or the author’s option, to either replacement or paying the cost of replacement.

45. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of the authors’ providing warranties to buyers in section 15 – What authors promise you about items – What authors promise you about items and the disclaimer of authors’ liability to buyers in section 44 – Disclaimer – Disclaimer.

46. Notices: Any notice you send us must be submitted via a contact us. Any notice we send to you will be emailed to your My Audio Marketplace account email address.

47. Changes to My Audio Marketplace Terms: Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.

48. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

49. Applicable Laws: We control and operate the My Audio Marketplace from our offices in United States. The laws of Victoria, United States govern these user terms, and you submit to the jurisdiction of the courts there.

Definitions

Author:
a member who makes items available for sale on My Audio Marketplace.

Buyer:
a member who ‘buys’ items on My Audio Marketplace.

My Audio Marketplace content:
is all the content that we have put on My Audio Marketplace and includes the sound design, compilation, and look and feel of the My Audio Marketplace, and copyright, trademarks, designs and other intellectual property on the My Audio Marketplace (unless otherwise stated and excluding content owned by others like Author content).

My Audio Marketplace:
When we refer to the ‘My Audio Marketplace’ we’re talking about the My Audio Marketplace digital marketplaces, which include this site: https://myaudiomarketplace.com

My Audio Marketplace account:
what you receive when you become a Member which gives you access to any of the My Audio Marketplace site.

Item price:
the price buyers pay for the license to use an item, as detailed in (there are no handling fees at this time).

Items:
digital goods found on My Audio Marketplace like preset kits, songs, instrumentals, loops, mixing templates, VSTi and much, much more.

List price:
the price you see on an item page on My Audio Marketplace, which is made up of the item price and buyer services fee.

Member:
a person who signs up by creating an account and accepting these terms.

Member’s statement:
the record of payments by you to My Audio Marketplace (as a buyer) and by My Audio Marketplace to you (as an author).

Payment method:
any payment agent or method we make available on the My Audio Marketplace.

Total price:
the price the buyer will pay in total, which consists of the item price, My Audio Marketplace’s buyer services fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 11.

Your content:
everything that you post on the My Audio Marketplace, or send via the My Audio Marketplace to other members and to us including items, files, communications and materials.

Version 1.0 – Effective date: April 6, 2015.