Welcome to Soundbooth.com
These Terms of Service ("Terms") govern your access to and use of Soundbooth.com ("we," "us," "our") services, including our website, applications, and any other services we provide (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1.1 Eligibility: To use our Services, you must be at least 18 years old and capable of forming a binding contract with us.
1.2 Account Creation: To access certain features, you must create an account. You agree to provide accurate, current, and complete information during your use of the site and to update such information to keep it accurate, current, and complete.
1.3 Account Security: You are responsible for safeguarding your password and agree not to disclose it to any third party. You also agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
2.1 Website: SoundBooth lets you create a website (herein, "Storefront"). By default, a random, unique subdomain is assigned. You can change this to any phrase so long as it is available on the platform and doesn't violate any other provision of these terms.
2.2 Custom domain: You can add your own domain to your storefront. This will allow your site to be shown at your own domain instead of the subdomain. You are responsible for managing your custom domain, including renewal and compliance with any applicable laws and regulations, and ensuring that your domain name does not infringe on any trademarks or intellectual property rights of others.
2.3. Selling Audio Files: You can upload audio files on SoundBooth and sell licenses to them on your Storefront. You retain ownership of the audio files you upload, but you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display your audio files in connection with the Services.
2.3.1 Pricing and Payments: You set the prices for your audio files. We will deduct a service fee and processor fees from each sale, and the remaining amount will be paid to you in accordance with our payment policies.
2.3.2 Prohibited Content: You agree not to upload any audio files that are illegal, offensive, defamatory, or infringe on any third party's rights.
2.3.3 Licenses: Soundbooth.com offers various types of licenses for you to license your audio files. Each license type grants specific rights and has its own terms and conditions. By adding a product in SoundBooth, you agree to comply with the terms outlined for each license type. You can review the licenses at The Licenses Page, incorporated into these terms by reference.
Notice: If you add a product for sale that is adult content or otherwise restricted to adults, you must select NSFW checkbox on the product add/edit form. This requires end users to indicate they are 18+ or older to view the content.
6.1 Blogging: When you sign up for Soundbooth.com and create a store, you gain access to write blogs on your website. This feature allows you to share updates, news, stories, and other content related to your audio projects and store.
6.2 Promotional Tools: You also have access to our promotional tool, which enables you to create events for discounts on your audio projects. This feature allows you to set up time-limited promotions and discounts to attract more customers and boost sales.
6.3 Content Guidelines: Any content you post through the blogging feature or promotional tool must comply with our Prohibited Content guidelines and must not be illegal, offensive, defamatory, or infringe on any third party's rights.
6.4 Responsibility: You are solely responsible for the content you create and share through the blogging and promotional tools. Soundbooth.com is not liable for any content posted by users.
7.1 Prohibited Content: You agree not to upload, post, or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or discriminatory. - Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party. - Violates any law, statute, ordinance, or regulation. - Contains any viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware. - Impersonates any person or entity, including any of our employees or representatives. - Includes personal or identifying information about another person without that person's explicit consent.
7.2 Enforcement: We reserve the right, but are not obligated, to review any content and to remove, delete, redact, or otherwise modify content in our sole discretion, at any time and without notice or further obligation to you. We have no obligation to display or post any content. We reserve the right to disclose any content and the circumstances surrounding its transmission to any third party in order to operate the site properly; to protect ourselves, our sponsors, and our visitors; and to comply with legal obligations or governmental requests.
8.1 Payment Methods: We accept various payment methods, including credit cards, debit cards, and other methods as specified on our platform. All payments are processed through our payment processor, Stripe.
8.2 Payouts to Sellers: Sellers will receive payouts based on the sales of their audio files. Payouts will be processed through Stripe and are subject to Stripe's processing times and policies. Sellers are responsible for providing accurate payout information.
8.3 Fees. SoundBooth gets 10% of each sale. You are responsible for the fees associated with collecting payments and distributing payouts. Stripe charges 2.9% plus 30¢ per payment and charges 50¢ for tax calculations per payment. Payout Process: You can trigger a payout via Soundbooth.com to your connected Stripe account to transfer funds to your bank account. Payouts are subject to Stripe's processing times and policies. Stripe charges 0.25% plus 25¢ per transfer. Stripe charges $2.00 for each month with a transfer.
8.4 Refunds: All sales of audio files are final and non-refundable. In the event of any issues with a purchase, users are encouraged to contact us for assistance.
8.6 Chargebacks: In the event of a chargeback, we reserve the right to suspend or terminate the affected account and to recover any fees or costs associated with the chargeback.
8.7 Currency: All transactions are processed in the currency specified on our platform. Users are responsible for any currency conversion fees or exchange rate differences that may apply.
9.1 Sales Tax Collection: Soundbooth.com transactions may include applicable sales taxes based on the billing address and the sales tax rate in effect at the time of purchase. We use the Stripe Tax API to calculate and collect sales tax. We will only charge sales tax in states or countries where digital goods are taxable. The applicable sales tax rate will be added to the purchase price of taxable items.
9.2 International Taxes: For customers outside the U.S., including those in the European Union (EU) and other countries, the final price may include VAT, GST, or other similar taxes based on your location and applicable laws.
9.3 Tax Exemptions: If you are making a purchase on behalf of a tax-exempt organization, please provide us with a valid tax exemption certificate prior to making a purchase. Once verified, applicable taxes will not be applied to your purchases.
9.4 Remittance: Sales tax collected from sales on your site will accumulate in your Stripe account. You will remit collected sales taxes to the appropriate tax authorities in accordance with applicable laws and regulations.
Any disputes arising under or in connection with these TOS shall be resolved through arbitration before resorting to legal action. Any legal action arising out of or relating to these TOS shall be filed only in the courts located in Nassau County, New York.
THERE ARE NO RETURNS OR REFUNDS. If you did not receive a file you ordered, let us know on Discord or on the contact form in our contact page. We will make sure the file is delivered or issue a refund.
12.1 Ownership: You retain ownership of your audio files and other content you upload to the platform. However, by uploading content, you grant us a license to use it as described in these Terms. 12.2 Infringement Claims: If you believe that any content on our platform infringes your intellectual property rights, please contact us with the details of your claim.
13.1 Termination by You: You may terminate your account at any time by following the instructions on our platform.
13.2 Termination by Us: We may suspend or terminate your account if we believe you have violated these Terms or engaged in any fraudulent or illegal activity.
14.1 Disclaimers Our Services are provided "as is" without warranties of any kind. We do not guarantee that the Services will be uninterrupted or error-free.
14.2 Limitation of Liability: To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
These Terms are governed by and construed in accordance with the laws of New York, without regard to its conflict of law principles.
Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices regarding your personal information.
17.1 Informal Resolution: If you have any dispute with us, you agree to first contact us at [Contact Information] and attempt to resolve the dispute with us informally.
17.2 Arbitration: In the event that we are unable to resolve a dispute informally, you and Soundbooth.com agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in New York, NY, unless you and Soundbooth.com agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules.
17.3 Exceptions to Arbitration: Either party may assert claims, if they qualify, in small claims court in New York, NY. Either party may seek injunctive or other equitable relief from a court of competent jurisdiction for matters relating to intellectual property rights or unauthorized access to the Service.
18.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Soundbooth.com regarding the use of the Services and supersede any prior agreements between you and Soundbooth.com relating to your use of the Services.
18.2 Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
18.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Soundbooth.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
18.4 Assignment: You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of Soundbooth.com. Soundbooth.com may assign these Terms, including all its rights hereunder, without restriction.
If you have any questions about these Terms, please contact us for Live Support on Discord.
By using Soundbooth.com, you agree to these Terms of Service.