Synthmob

Digital Sound Marketplace and Sound Design Community. Buy, Sell and Share Loops, Samples and Synth Presets.

Terms of Use

EFFECTIVE DATE: 02/28/2023


User Agreement

Please read the following document (including the legal disclaimer, liability limitations and other provisions below) carefully before using Synthmob.com ("Synthmob," the "Site", "we" or "us") and/or the other domains, products, services, and/or content provided by Synthmob (all of those collectively with the Site, the "Service"). This User Agreement (hereinafter referred to as the "Agreement") explains the contractual agreement between you ("User" or "you") and Synthmob. By registering as a member or by using the Site in any way, you agree to be bound by this Agreement and accept (1) the terms and conditions (the "Terms of Use"), (2) Synthmob's Privacy Policy, found at http://synthmob.com/privacy-policy/ and (3) Synthmob's Community Guidelines, found at http://synthmob.com/community-guidelines. We reserve the right, at any time, to modify, alter, or update the Terms of Use and policies, and you agree to be bound by such modifications, alterations, or updates once they are posted on the Site. If you do not wish to be bound by this Agreement, you shouldn't and aren't permitted to use the Service.

Use of the Service

No individual under the age of thirteen (13) may use the Service or provide any information to Synthmob or otherwise through the Service (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Service if you can form a binding contract with Synthmob and are not legally prohibited from using the Service.

The Service and its form and functionality may change without prior notice to you. Synthmob retains the right to create limits on and related to use of the Service in its sole discretion at any time with or without notice. Synthmob may also impose limits on certain aspects of the Service or restrict your access to parts or all of the Service without notice or liability. Synthmob may change, suspend, or discontinue any part or all of the Service at any time, including the availability of any product, feature, database, or Content (as defined below). Synthmob may also suspend Accounts (as defined below) at any time, in its sole discretion.

Except as expressly permitted by Synthmob in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Site. Nor will you take any measures to interfere with or damage the Site.

Registration and Account

To fully use the Service, you must register as a member and create an account on the Site (an "Account") by providing a username, password, and valid email address. You must provide complete and accurate registration information to Synthmob and notify us if your information changes. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. If you become aware of an unauthorized access to your Account, you must change your password and notify us immediately at support@synthmob.com.

You agree that you shall not select or use as username a name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. Synthmob reserves the right to refuse registration of, cancel, or modify an Account including the associated username in its sole discretion.

Privacy Policy

Any information you provide to Synthmob is subject to Synthmob's Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Submission of Content

By uploading, posting, or transmitting (collectively, "submitting") any video, image, animation, text, audio recording, code, software, or other work (collectively, "Content") to our Site:
(a) you warrant that you have not infringed the copyright of any other party in the submitted Content;
(b) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to or modify any Content you provide at any time and for any reason, with or without notice;
(c) you acknowledge that you are responsible for the Content that you submit and that you, and not Synthmob, will have full responsibility for each such submission, including its legality, reliability, appropriateness, originality and copyright.

Commissions on Sales

If one or more of your Products is sold over the website, Synthmob will credit your Funds Account with the balance of the fee received from the Buyer (that is the gross fee less Synthmob’s commission).
You authorize Synthmob to collect and distribute such fees and commissions on your behalf.
The commission payable to Synthmob on each sale of a Product is: 30%

Commission rates may be varied by Synthmob at its sole discretion, from time to time.
Any changes to the commission rates by Synthmob will take effect on and from the date on which notice of the variation is posted by Synthmob on the website.

Discount Coupons

From time to time, Synthmob may offer discount coupons to its customers. Coupons are classified into the following three categories: (1) Site-wide coupons, (2) Product-specific coupons and (3) Store-specific coupons.

(1) Site-wide coupons
Site-wide discount coupons are applicable to all products on the website without exception. Sellers agree to have their products discounted by the site-wide coupon discount percentage and cannot opt out of such coupons.

(2) Product-specific coupons
Product-specific coupons are applicable to products for which Sellers have agreed to discount. Sellers may opt-in at varying discount levels or opt-out of offering any discount.

(3)Store-specific coupons
Sellers can request to have coupons issued for their Store or Products only.

Any applicable commission per sale will be applied to the discounted price.

Payment to Sellers

Sellers will be paid by PayPal at the end of each month or when instructed via a withdrawal request. A minimum funds account balance of $15 is required for automatic payment.
Please note that sellers are responsible for PayPal fees for receiving money.

Licenses Granted by You

You retain all your rights to your Content. However, by submitting Content to our web site:
(a) you agree to grant us a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Content for the purpose of (i) displaying the Content on the Site; (ii) displaying the Content on third party websites and applications including but not limited to, websites such as Facebook (http://www.facebook.com) and Twitter (http://www.twitter.com); (iii) allowing other users to view and download the Content; (iv) promoting the Site; and (v) archiving or preserving the content for disputes, legal proceedings, or investigations.
(b) you agree to grant other users a royalty-free license and right to publicly perform, publicly display and create derivative works in the context of musical work via the Site or third party websites or applications. If you wish to restrict this license or grant a specific license (e.g. Creative Commons, non-commercial, etc.), you must detail the appropriate license in the description area of the submitted Content.

The above licenses will continue unless and until you remove your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed Content may be cached in search engine indices after removal and that Synthmob has no control over such caching.

Your Conduct

We ask that you respect our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting submissions to or otherwise using the Site, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Impersonate or represent Synthmob, our staff or other industry professionals.
  • Solicit a member's password or other account information.
  • Harvest user names or email addresses for any purpose.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Account Termination Policy

Either party may terminate this Agreement at any time by notifying the other party. Synthmob also reserves the right to block or remove any Content you submitted and to suspend, disable, or delete your account (or any part thereof) immediately, without prior notice or liability, for any reason or no reason, including but not limited to if Synthmob determines that you have violated any provision of this Agreement. In the event of account deletion for any reason, Content that you submitted may no longer be available. Synthmob shall not be responsible for the loss of such Content. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Synthmob or any third party.

Upong account termination, balance contained in the Seller's Funds Account will be paid out within 2-3 business days.

Refund Policy

As our products are downloadable we are unable to provide customers with refunds unless there there is a proven fault with the product or if your bank/Paypal account was illegally charged (fraud). Please make sure when you are making a purchase that it is what you want, as mistakes cannot be seen as a reason for refunds.

DISCLAIMER OF WARRANTIES

SYNTHMOB MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. SYNTHMOB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SYNTHMOB DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SYNTHMOB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Synthmob, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

If you have any questions, comments, or suggestions about these Legal Notices, please Contact Us.