End User Agreement Epidemic Sound AB
1.2 The Service is provided by Epidemic Sound AB, Åsögatan; 121, 116 24 Stockholm, Sweden ("Epidemic Sound").
2. The Service and general limitations of use
2.2 The Service is available for entities and persons that that have registered and created user accounts to the Service.
2.3 The assortment of Content may be amended at all times by Epidemic, with or without any notice to you. You accept that the Content that is available might not be available at a later stage.
2.4 You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more requests to Epidemic or its servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.
2.5 You agree to only download Content that is directly needed for your work and that you will not use any automated system or device (including, without limitation, any robot, spider or program) to download large amounts of Content that will not be used in the fulfillment of your obligations to your employer. Please be aware that Epidemic has reserved the right, in its own discretion, to immediately terminate any account that may be performing such abuse.
3. How to access the Service and your account
3.1 In order to use the Service you also need an Internet connection with certain requirements, which are specified on the Website.
3.2 In order to use the Service you must create a personal account and register as user by following the instructions that are further specified in the user registration form. Your account will contain basic account information including username and password. The password you choose must be a unique and distinct password. You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and Epidemic reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.
3.3 You must notify Epidemic immediately of any breach of security or unauthorized use of your Epidemic account that you become aware of.
3.4 You agree that you will be solely responsible (to Epidemic, and to others) for all activity that occurs under your Epidemic account.
4. Intellectual Property Rights
4.2 All content available through the Service and on the Website, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, are the proprietary property of Epidemic.
5. Use of Computer Resources
5.1 You agree that Epidemic has the right to allow the Service to make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. However, this may only be done to facilitate the process, functions and operations of the network to which the Service is connected and runs as well as to facilitate the transmissions and communications of data or other features to you as well as to others who use the Service.
5.2 If you are connected to the Internet in a foreign country the Service may still make use of the storage hardware, processor and bandwidth on your Internet connection, computer, game console, work station or similar media device. As a consequence extra charges from your Internet Service Provider ("ISP") may be brought on you. Check with your ISP for further details. By using the Service you agree to take responsibility for these extra charges towards your ISP and you agree to indemnify Epidemic for any third party claims due to the extra charges from your ISP referable to you.
6.1 You accept that you may be exposed to commercial messages, newsletters and advertisement sent by Epidemic Sound when using the Service.
7.1 You will find answers to the most frequently asked questions about the Service on the www.epidemicsound.com. You are always welcome to contact Epidemic on firstname.lastname@example.org.
8. Privacy and Personal Data
9. Service Level and Liability
9.1 Epidemic will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.
9.2 Epidemic is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Epidemic's control.
9.3 Epidemic will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. Epidemic will try to arrange updates and maintenance outside of peak usage hours.
9.4 The Service is provided "as is" and there is no warranty, expressed or implied, as regards to the availability, fitness for purpose, Content or other data provided and the quality of the Service. You also acknowledge that freedom from program errors cannot be obtained in the software industry.
9.5 EPIDEMIC (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN, LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY.
9.6 Epidemic reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Epidemic shall have no liability to you if Epidemic exercises such rights.
10.2 Furthermore, Epidemic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Epidemic in asserting any available defenses.
11. Additional Terms
11.2 Content types and descriptions, such as genres, categories etc, are provided for your convenience only and Epidemic does not guarantee their accuracy.
13. Partial Invalidity
14. Law and Dispute Resolution
14.2 Epidemic has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.