THESE TERMS OF USE GOVERN YOUR USE OF THE WEBSITE WWW.WOWSOUND.COM ("WEBSITE") AND YOUR RELATIONSHIP WITH W.O.W SOUND PTE. LTD., DOING BUSINESS AS WOW SOUND ("WOW SOUND; "WE" OR "US" OR "LICENSOR"). BY PURCHASING ANY "LICENSE" ON WOW SOUND, YOU (HEREINAFTER REFERRED TO AS THE "LICENSEE"; "YOU") ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS SAME PERTAIN TO THE LICENSE YOU PURCHASE LAID OUT WITHIN THIS PAGE. THIS AGREEMENT IS NON-EXCLUSIVE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT REGISTER FOR OR USE THE WEBSITE OR PURCHASE ANY LICENSE.
All of the music, sound effect and sound effects libraries on WOW Sound are licensed (Synchronization license), not sold to the Licensee. You are purchasing a synchronization license that allows you to “sync” to your audio-visual project to our music and sound effects for the use specified in the license.
❌ Limitations
The Licensee is prohibited from any of the following actions:
⋅ To copy, lend, resell (modifying or repackaging any sounds), and/or give unsynchronized music to any third party as a part of different multimedia templates (e.g. website templates, game templates, video templates, slideshow templates, including but not limited to in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, media authoring tools, etc.);
⋅ Use, include the music and sound effects in different types of music compilations, such as music compilation CDs, DVDs, music albums, Game OST, where the music or sound effects are stand-alone elements;
⋅ To store on an internet server and/or release to any third party unsynchronized music;
⋅ To make new “copyrighted musical works” based on any contents of the music library; claim ownership of any of the item on WOW Sound, even if you edited or processed the music or sound effects to make them sound completely different from the original, the copyright still belongs to WOW Sound.
🤝 Your Obligations
You agree that you are solely responsible and liable for all activities on the Website, whether you are a Registered User or an Unregistered User.
You agree that as a Registered User, you may not use the Website for the following purposes:
⋅ Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
⋅ Transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
⋅ Use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties.
🔒 Privacy Policy
WOW Sound respects your privacy and we want to be transparent in how we use any personal data collected from you. Click here to see the full privacy policy.
🔁 Subscription Renewal & Cancellation
The Subscription License will remain in effect for an indefinite term and you will be charged at the start of each billing cycle, according to your subscription terms. Upon the beginning of the new billing cycle, the payment method you provided us will be automatically charged for the applicable period fees.
Upon cancellation of the Agreement for any cause whatsoever, the rights granted to you under these Terms or the Subscription License will automatically expire, and you hereby undertake to immediately cease accessing, downloading, and using any audio tracks, except as allowed under the Subscription License.
You can cancel your subscription plan anytime by contacting us or using the cancellation feature in your account. If you do so, your subscription will be terminated at the end of your current billing period, and you will not be charged thereafter.
💳 Refunds
All pay-per-track transactions on WOW Sound are final and are not refundable in whole or in part regardless of the payment method unless WOW Sound refuses the sale or there has been an error during a purchase.
In the case of subscription plans, they are refundable within 14 days of transaction and only if you have yet to download any audio track(s), meaning that you have not started consuming the Subscription Plan.
⚖️ Governing Law
All disputes are to be settled through courts in Singapore. This agreement shall be construed in accordance with the laws of the Republic of Singapore. All parties hereby consent to the jurisdiction of the courts of the Republic of Singapore. If any part of this agreement is deemed unenforceable or invalid by the law, the remaining parts of the agreement will remain in effect.
⚖️ Indemnity
Licensee hereby indemnifies Licensor from, and against any and all claims, demands, suits, actions, causes of action, damages, liabilities, charges and expenses, including attorneys fees incurred by Licensor with respect to any matter that arises as a result of any claim that the licensed music and sound effects infringe or violate any rights of any third party or any breach of this agreement by you.
Example 1: Breach of Agreement
Scenario: The Licensee uses the licensed music beyond the agreed-upon scope (e.g., using it in a way not specified in the agreement or distributing it more widely than allowed).
Application: If the Licensor faces legal action or damages because the Licensee breached the terms of the agreement, the Licensee would need to indemnify the Licensor by covering all related expenses, including legal fees.
Example 2: Unauthorized Use
Scenario: The Licensee sublicenses the licensed music to another company without permission, and this company is later sued by a third party for using the music improperly. (e.g., Unauthorized Distribution, Unauthorized Broadcast, Unauthorized Commercial Use, Unauthorized Streaming).
Application: The Licensor might face legal issues or damages as a result of this unauthorized sublicense. The Licensee is responsible for indemnifying the Licensor by handling all related legal and financial consequences.
Example 3: Defamation or Other Claims
Scenario: The Licensee uses the licensed material in a way that leads to a defamation claim or another type of lawsuit against the Licensor. (e.g., Defamation in an Ad Campaign, Misleading Content in a Documentary, Trademark or Brand Misrepresentation).
Application: In such cases, the Licensee must cover the Licensor’s legal defense costs and any other expenses resulting from the claim, including any damages awarded.
⚖️ Liability
WOW Sound shall not be liable for any loss of business or business profits, business interruption, or any other form of direct or indirect loss resulting directly or indirectly from the use of any of the licensed music and sound effects.
📝 Changes To The Terms Of Use
We may make revisions to these terms of use. If we do, they will be published to this page. Your continued usage of the WOW Sound Website implies consent to the updated terms of use. If you have any concerns or enquires, please email us at [email protected]
Last Revised: 22 Aug 2024