Webinars Terms of Service

The website thesoundenclave.com (the “SITE”) and related products and services available on or from the site (the “SERVICES”) are owned and operated by THE SOUND ENCLAVE LLC (hereinafter referred to as “the company”, “our”, “we,” or “us”). “You” means any individual or entity using our Services.

By accessing and using the site and the services, you acknowledge and agree to be bound by these TERMS AND CONDITIONS, our Copyright Policy and DMCA Notification Process, our Privacy Policyand any specific terms and conditions applicable to certain services you may elect to use (all of which are incorporated herein and collectively referred to as the “TERMS AND CONDITIONS”, which set forth the entire agreement pertaining to your use of the site and services, and supersede all prior versions of the terms and conditions).

These Terms and Conditions are legally binding agreements. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Terms and Conditions on that person’s or entity’s behalf, that by using using our Services you're accepting the Terms and Conditions on behalf of that person or entity, and that if you, or that person or entity, violates the Terms and Conditions, you and that person or entity agree to be responsible to us.

We reserve the sole right to modify, discontinue, or terminate any service or the site, or change, add, or delete portions of these terms and conditions without notice and at any time. We will post changes to these terms and conditions, if any, to the site. It is your responsibility to check the site periodically for changes. Your continued use of the site and services after any changes constitutes your acceptance of the revised terms and conditions.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES.

1. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the verifiable consent of a parent or legal guardian who has agreed to be bound by these Terms and Conditions. Some Casting Calls may contain inappropriate content for minors.

Site and Services Use License. Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content. Except with respect to your use of certain Services in accordance with their specific terms and conditions that provide for or facilitate commercial activities, you understand that the Site and Site Content is for your personal and non-commercial use only. Except as expressly permitted by these Terms and Conditions, the functionality of the Site, or your own use of your User Content (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.

2. Your Account

When using our Services requires an account creation, you agree:

1. To provide us a username, password, email address, and other information and materials (the “Registration Information”) for your Site account. You may also be able to register as a user of the Site with certain third-party social networking sites (e.g., Facebook, Twitter, YouTube, etc.) (a “Third-Party Account”), and in connection therewith, you allow us to access, store, and use content or information relating to your Third-Party Account, and any content or information in your Third-Party Account used on the Site or with the Services shall be “Registration Information” hereunder.
2. That we may accept or reject your user registration at our sole discretion.
3. To represent and warrant that all Registration Information will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current, so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms and Conditions), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response, we may limit your access to our Services until we’re able to verify your account information (like your email address).
4. That we may use all Registration Information in accordance with our Privacy Policy
5. That we may also contact you to share more details about what we have to offer (i.e., marketing). You can opt out of any marketing communications at any time.
6. That you’re solely responsible and liable for all activity under your account.
7. That you’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
8. That you are responsible for keeping your account active. If a user does not log in to an account for six (6) months or more from the date of the last log in, the account may be considered inactive. Inactive accounts may be permanently removed without notice.

3. Use of the Site and Services

1. User Content.
   
   
1. You are solely responsible for all materials and content that are submitted by you or through your account for posting, publication, display, or other use on the Site or in connection with any Service, including without limitation, sound recordings, videos, photographs, pictures, musical works, compositions, graphics, names, likenesses, images, copyrights, trademarks, service marks, logos, biographical information, chat, messages, files, code, data, metadata, text, software, links, your Registration Information, content from your Third-Party Account, and any other information or materials (“User Content”).
2. You must submit User Content to the Site and Services in compliance with the service specifications. We reserve the right to refuse to accept and/or cause the removal of any User Content for any reason and at our sole discretion and without notice to you.
3. As between you and us, and subject to our rights in these Terms and Conditions, you shall retain all rights in the User Content and nothing in these Terms and Conditions shall constitute a transfer to us of ownership of any User Content.
4. You hereby acknowledge and agree that we may, at our sole discretion, disclose User Content in order to: (i) comply with law enforcement, court orders, or the legal process; (ii) protect the rights and safety of individuals; or (iii) settle disputes over intellectual property ownership.
5. You understand and agree that in connection with the rights granted herein, we have the right, but no obligation, to remove, monitor, market, promote, advertise, or otherwise use your User Content.
6. We are not responsible for any User Content that may be lost or unrecoverable through your use of the Site or Services, and you are encouraged to archive your User Content regularly and frequently.
7. We aren’t responsible for any harm resulting from anyone’s access, use or downloading of User Content, or for any harm resulting from third-party websites.
   
   
2. Site and Services Use License.
   
   
1. Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content.
2. You understand that the Site and Site Content is for your personal and non-commercial use only. Except as expressly permitted by these Terms and Conditions, the functionality of the Site, or your own use of your User Content (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.
   
   
3. Downloads and Memberships.
   
   
   1. memberships files are licensed to you only for personal, noncommercial use;
   2. the delivery of Downloads to you does not transfer to you any commercial or promotional use rights in the Downloads;
   3. you may not transfer or license your rights in any Download to any other person;
   4. you may not alter, modify, incorporate with other media, or otherwise create a derivative work of any Downloads;
   5. Any use of a Download other than in accordance with these Terms and Conditions may constitute copyright infringement.
      
   6. Some services functionality may expressly permit you to download or copy User Content, such as voice recordings, documents or other materials files from the Site (“Downloads”).
   7. Those Downloads are only available to users who purchase a Producer membership (“Producer Membership”).
   8. The Actor Membership (“Actor Membership”):Is free and gives you the rights to participate in Casting Calls by recording and uploading recordings to any open Casting Call in our site
      
   9. Producer Membership: Is amembership that gives you rights to contact directly voice actors in our talent pool, create a timed audition call and download the resulting audio mix from your own Casting Calls.
   10. Applicable prices and payments for Memberships are subject to our Service Fees Payments and Refund Policy in Section 4 below. The total price for a Membership will include any applicable sales tax based on your billing address and the sales tax rate in effect at the time you purchase a Membership. All sales are final. Prices for a Membership may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. If technical problems prevent or unreasonably affect the benefits of your Membership, your exclusive and sole remedy is a refund of the price paid, as determined by us. Producer Membership master files may be downloaded as many times as needed, and will remain available with an active subscription up to 3 months after a Casting Call is closed, after that cannot be replaced if lost for any reason.
       
   11. You agree that:
       
   12. 1. memberships files are licensed to you only for personal, noncommercial use;
       2. the delivery of Downloads to you does not transfer to you any commercial or promotional use rights in the Downloads;
       3. you may not transfer or license your rights in any Download to any other person;
       4. you may not alter, modify, incorporate with other media, or otherwise create a derivative work of any Downloads; 
       5. Any use of a Download other than in accordance with these Terms and Conditions may constitute copyright infringement.
          
          
4. Licenses to User Content.
   
   
   1. use User Content, including names, pictures, likenesses, images, voices, performances, biographical materials, and web links to websites that you control, in each case in connection with marketing, advertising, or promoting User Content, you, the Site, the Services, or us;
   2. submit or transmit User Content to third parties in connection with any applicable Services or program offered by us which you elect to use, in any format (e.g., MP3, streaming, or otherwise) in accordance with the functionality of such Service or program;
   3. display any and all text associated with a dialog script, musical composition lyrics embodied in User Content in connection with the Site or Services offered by us;
   4. edit or modify User Content in our sole discretion in connection with the Site or Services offered by us and without any approval rights by you;
   5. publicly perform and transmit your sound recordings in connection with the Site or Services offered by us, including, but not limited to, by interactive and non-interactive streaming on the Site or via a Service. If you have affiliated with a performance rights organization (“PRO”) with respect to your public performance rights, such as SAG AFTRA, BMI, ASCAP, or SESAC, then you may be prohibited from granting the same rights to us, or a grant of public performance rights to us may prevent a PRO from collecting royalties on your behalf. In certain situations a PRO may require that you provide the PRO with notice if you are granting public performance rights to another party. If you have an agreement with a PRO that includes such a provision, you are solely responsible for providing such notice to the PRO. You understand that no fees or payment of any kind whatsoever shall be due to any PRO, Guild or music publisher for use of your User Content as authorized in these Terms and Conditions.
   6. When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms and Conditions.
   7. By submitting User Content to the Site or in connection with any Service, you automatically grant to us a worldwide, non-exclusive, transferable, royalty free, license, and in any manner and media now known or hereafter developed, to prepare, review, copy, reproduce, convert, host, distribute, transmit, stream, publicly perform, display, modify, adapt, excerpt (in whole or in part), publish, promote, advertise, market, create derivative works from, and otherwise use all or any portion of the User Content, and to grant and authorize sublicenses of the foregoing, in connection with the Site and Services and the functionality thereof; provided, however, we will not sell or otherwise commercially distribute for a fee User Content except in connection with your express use of a Service or program offered by us that provides such functionality. Except as may be specifically provided in connection with any particular Service, we have no obligation to pay you or anyone else any amounts, including record or publishing royalties, performance fees, license fees, or union, guild, or collective bargaining fees, for the distribution, public performance, or other uses of your User Content as authorized in these Terms and Conditions.
   8. The foregoing grant of rights includes, without limitation, our right to (but not obligation to):
      
      1. Certain functionality of the Site and certain Services allow you to make User Content, such as your voice recordings, available to be downloaded from our Site, and by using such features, you automatically grant to end users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty free, license throughout to use such Downloads but only for personal, noncommercial use and in accordance with the Section 3(II) above.
      2. To the extent your link to or embed your YouTube or Vimeo videos to your Casting Calls, your Casting Call will utilize YouTube’s API Services or Vimeo API Services and you agree to be bound by the applicable YouTube Terms of Service or Vimeo Terms of Service.
      3. The grant of rights in this Section 3(II) will survive your removal of User Content from the Site, the termination of your use of the Site or Service, or any other termination of these Terms and Conditions unless we receive written notice of termination of this license from you, at which point this license will expire and we will stop using the specified User Content within thirty (30) days; provided, however, that with respect to Site Downloads, the grant of rights to end users will survive your removal of such User Content from the Site indefinitely.
      4. Without limitation of the rights granted herein, we and you may enter into additional agreements to confirm the rights granted herein, expand scope of rights granted to us, or otherwise with respect to the User Content, and to the extent such other agreements conflict with these Terms and Conditions, the terms of such other agreements shall control.
         
         
5. Representations and Warranties.
   
   By submitting User Content to the Site or in connection with any Service, you acknowledge, represent, and warrant that:
   
   
6. 1. the exercise of the rights granted by you herein shall not violate any laws or otherwise infringe upon the rights of any person or entity, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful materials;
   2. the exercise of the rights granted by you herein shall be without any obligation to make any payment of any nature to you or any other person or entity;
   3. to the extent you do not own any underlying sound recordings, videos, samples, musical compositions, publicity rights, or other materials or content in your User Content, it is your obligation to secure all appropriate permissions, clearances, licenses, or other authorizations and agreements, and, as applicable, to pay directly all third-party fees and royalties as may be required, including, but not limited to, with respect to voice actors, artists, authors, co-authors, copyright owners and co-owners, publishers, producers, or any other person who performed in the making of your User Content, and in connection with mechanical royalties, digital phonograph delivery royalties, public performance royalties, payments that may be required under any collective bargaining agreements or statutory schemes, or any other royalties, fees, and/or sums payable with respect to your User Content, and at our request you shall provide us with confirmation of such authorizations and payments.

4. Fees, Payments and Refund Policy

Some of our Services are offered for a fee, like Producer Membership (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, we will not charge you automatically, instead, we’ll notify you about your membership status, in the renewing interval selected (such as monthly, quarterly, semi annually or annually) until you let it expire. Once your Membership is expired or not renewed, you will lose access to your Membership benefits.

Purchases will be processed by PayPal and appear on your credit or debit card statements as “SOUNDENCLAVE”. You agree not to cause your credit or debit card company to reverse or “chargeback” any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.

All sales are final, The Sound Enclave will provide a refund only in the case of (A) a service/product malfunction which you have reported to Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo. while the applicable Service is still active, so that the malfunction can be verified.

To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect such taxes from you via PayPal or via any other means available to us. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

5. Confidentiality

You acknowledge and agree that you may become aware of certain otherwise confidential information related to our business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, you agree to keep such information confidential.

You acknowledge and agree to protect The Sound Enclave’s Confidential Information, using at least the same degree of care that it uses to protect its own confidential and proprietary information of similar importance, but no less than a reasonable degree of care.

You agrees to use The Sound Enclave’s Confidential Information for the sole purpose of evaluation in connection with Recipient’s discussions with The Sound Enclave related to the Service and Agency Projects. You will not disclose, publish, or disseminate Confidential Information to anyone other than those of its employees and consultants who have a need to know in order to accomplish such a purpose and who are bound by a written agreement that prohibits unauthorized disclosure or use of Confidential Information. You will be responsible for any violation of the terms of this Agreement by its employees and consultants.

You agrees not to use Confidential Information for any other purpose or for its own or any third party’s benefit without the prior written consent of an authorized representative of The Sound Enclave in each instance. You may disclose Confidential Information to the extent required by law, provided you makes reasonable efforts to give The Sound Enclave notice of such requirement prior to any such disclosure and take reasonable steps to obtain protective treatment of the Confidential Information.

Non-permitted disclosure of Confidential Information shall include, but not be limited to: (i) engaging in conversations related to any Confidential Information, including, but not limited to Productions, with any individual in a public place, including, but not limited to, restrooms, elevators, restaurants and any other area in which there is not a reasonable expectation of privacy; or (ii) copying, using, or disclosing any Confidential lnformation on any public forum, including, without limitation on the internet, via text message, on any blog or on any social networking or media website, tool or device (such as Twitter, YouTube, Facebook, Pinterest, Instagram, or any new platform yet to exist).

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

7. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Copyright Policy and DMCA Notification Process and send us a notice.

8. Intellectual Property

The Agreement doesn’t transfer any The Sound Enclave or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between The Sound Enclave and you) solely with The Sound Enclave. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any The Sound Enclave or third-party trademarks.

9. Modifications

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers or if we post a revised version. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

If you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing Paid Service, you may be eligible for a refund.

10 Termination

1. You may terminate your use of the Site at any time. You may terminate these Terms and Conditions with respect to any Service provided you have paid all applicable Service Fees by requesting it by email to Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.
2. We may cancel your user registration and terminate your use of the Site or Services at any time with or without cause, in our sole discretion, and with or without notice, including for your failure to make any payment when due or your breach of your representations, warranties, and covenants in these Terms and Conditions; provided, however, that we have no obligation to monitor your use of the Site or Services.
3. We may delete any of your User Content, information, or other data from the Site or Services at any time, and we have no obligation to maintain copies of any deleted information.
4. Any provisions of these Terms and Conditions that by their nature should continue after termination of your use of the Site or any Services will continue to apply even after the expiration or termination of these Terms and Conditions or your use of the Site or any Services.

11. Governing Law & Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. You agree that any litigation that arises out of or related to these Terms of Service will be filed only in the state or federal courts located in Broward County, Florida, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigation. Those who use the Site or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

If any of these Terms of Service are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.

12. Indemnification:

You agree to fully indemnify and hold us and our subsidiaries, affiliates, directors, officers, agents, contractors, partners, affiliates, employees, contractors, co-branders, advertisers, and other partners (collectively, the “Related Parties”) harmless, and upon our request, defend us and/or the Related Parties, from and against any and all losses, liabilities, damages, claims, costs, expenses, or demands (including reasonable attorneys' fees and costs), due to or arising out of (i) your use of the Site or Services; (ii) your violation or breach of any representation, warranties or other terms in these Terms and Conditions; (iii) your violation of any rights of any third party; and (iv) any dispute between you and any other user of the Site or Services. Without limitation, you agree to reimburse us and our Related Parties on demand for any payments made in resolution of any liability or claim that is subject to indemnification under this Section. We shall promptly notify you of any such claim, and you may assume control of the defense of such claim with counsel subject to our reasonable approval, provided that you obtain and post an appropriate bond for our benefit, and we shall have the right in all events to participate in the defense thereof. In accordance with Section 13(VI) below, if a claim is made we will have the right to withhold payment of any monies due you in an amount reasonably related to the claim and potential expenses. Your sole remedy as a result of any breach or alleged breach by us of these Terms and Conditions or other applicable terms and conditions or agreements is limited to your ability to discontinue use of the Site and your ability to terminate your participation in any Services in accordance with the terms thereof.

13. Disclaimers

The Site, The Services, and the Content thereon are provided on an “AS-IS” and “AS AVAILABLE” basis. The Sound Enclave and Related Parties hereby disclaim all warranties of any kind, express or implied, including, without limitation implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

We cannot guarantee and do not promise any specific results from use of the site and/or the services. Without limiting the foregoing:

1. Your interactions with organizations and/or individuals found on or through the Site or Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that we and the Related Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved.
2. We make no guarantees whatsoever with respect to the marketing, promotion, acceptance, development, or popularity of you, your content, your recordings, or otherwise in connection with your use of the Site or Services; and we further make no guarantees whatsoever that any materials you create or distribute using our Site or Services, including your voice recordings, will achieve any results or otherwise used by any third party.
3. We and the Related Parties are not responsible for any incorrect or inaccurate information in the Site Content. We and the Related Parties are not responsible for the content of, accuracy of, or statements or opinions expressed by third parties in any Site Content, including any User Content or in advertisements or solicitations. We are not responsible for the conduct, whether online or offline, of any user of the Site. Site Content is not investigated, monitored, or checked for accuracy or completeness by us. We do not make editorial decisions related to User Content. Inclusion of any Site Content, including links to other websites, does not imply approval or endorsement of the Site Content by us.
4. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site or blocking from the destination mail servers, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, the Site, or any Site Content.
5. By using the Site and/or Services, you hereby release us and the Related Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to your use of the Site and/or Services. In no event will we and the related parties be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including damages for any lost profits as a result of your use of the site or services, even if we are aware or have been advised of the possibility of such damages.
6. Notwithstanding anything to the contrary contained herein, in no event will the aggregate of our and the related parties' liability to you for any cause, loss, cost, damage, or claim whatsoever, including attorneys' fees and costs and expert witness fees and costs, and regardless of the form of the action, exceed the lesser of: (a) the amount paid, if any, by you to us for the services for the preceding three (3) months; and (b) two hundred fifty dollars ($250.00 U.S.). You agree that this limitation of liability represents a reasonable allocation of risk. This allocation of risk and the disclaimer of warranties herein are a fundamental element of these terms and conditions.

14. US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

15. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

16. Miscellaneous

If any provision of these Terms and Conditions is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms and Conditions shall continue in full force and effect. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.

Welcome to TheSoundEnclave.com website (the "Site") and related platforms, products, and services available on or from the Site (the "Services") are owned and operated by The Sound Enclave LLC  (together with its affiliates, successors, and assigns hereinafter referred to as "our", "we", "us", or "The Sound Enclave").

The Site is a website that offers professional services and different applications and SaaS applications to improve productivity.  Paid Memberships (“Subscribers”) may post casting calls, sound recordings, music, musical works, compositions, videos, photographs, pictures, graphics, names, likeness, images, biographical information, and other information or materials owned and/or created by them, post comments, describe their interests and change their Profile information at any time and controlling how other users and the Site communicates with them.

The Sound Enclave cares about online privacy and wants you to know how we collect, use and share and protect information about you and the choices you have regarding our use of your information. If you have any questions concerning this Privacy Policy, please email us at Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.. We may change or add to this Privacy Policy from time-to-time, so we encourage you to review it periodically. 

SCOPE 

This Privacy Policy applies to the collection of personal information from users of the Services, including any updated and new products or services that may be offered in the future by The Sound Enclave. It relates to information we collect from you, including personally identifiable information (also referred to as "PII") and information that does not identify you personally. PII may include, for example, some or all of the following: your name, mailing address, email address, telephone number, mobile phone number, username and password, and demographic information. 

YOUR CONSENT TO THIS PRIVACY POLICY

This Privacy Policy is incorporated into and subject to our Terms of Service that apply to use of this Site. By using the Services and this Site, you consent to our Terms of Service and Privacy Policy, including our use and disclosure of your PII as stated in this Privacy Policy, whether or not you register with the Site. 

INFORMATION COLLECTED AND USED BY THE SOUND ENCLAVE 

We only collect, use, share, store, or otherwise process your PII when we have an appropriate basis. For example, we may process your PII as necessary to provide services that are subject to terms you have accepted, such as our Terms of Service. We may process your personal data when necessary to comply with legal obligations, or for purposes of pursuing legitimate interests (such as providing products and Services, improving the Services and the Site, performing internal analytics, preventing fraud, enforcing legal claims, and security purposes) if doing so is consistent with your rights and appropriate to the context.

Information You Provide to Us

We collect the information that you directly provide to us, such as when you enter it on our web pages, or include it in an email that you send to us. This type of collection often occurs through our business support processes, such as:

Registration or Account Creation Processes

When users register with the Site, The Sound Enclave collects user-submitted personal information such as name, username, password, address, email address, telephone number and age. The Sound Enclave uses that information to authenticate users and to send notifications to users relating to, without limitation, the Services and other opportunities.

User Profile information, including users’ pictures and names, is displayed and publicly viewable to people in order to facilitate user interaction in the The Sound Enclave community.

Purchase Processes

Where we may ask you to provide your name and billing information.

Technical and Customer Support Processes

Where we may ask you to provide contact information and information related to the issue you are contacting us about.

Services Features and Delivery of Services

In addition, we collect the information that you provide by entering it into certain Service features. For example, enabling push notifications or when you want to submit images, voice recordings, business name, actor name, email address, etc. which we collect and then display for you in the relevant Services as necessary. Likewise, when you use other features such as blogs, newsletter sign ups, surveys, or user-generated content we may first collect the information you enter into the feature.

The Sound Enclave may use a user’s email address to send updates, a newsletter or news regarding the Services. The Sound Enclave may send email messages which use a "click-through URL" linked to content on the Site. When a user clicks one of these URLs, they pass through our web server before arriving at the destination web page. The Sound Enclave tracks this click-through data to help determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

Automatic Information Collection

We may also automatically or passively collect information about your use of our Services. While information collected in this manner is not typically personal information, we may combine it in ways that make it personally identifiable. When we do so, we will treat the combined information as personal information. For example, data collected in this manner may include:

Web browsing, network or service usage data, such as browser type, internet service provider (ISP), IP address, referring/exit pages, operating system, date/time stamp, and clickstream data. This data is used to improve the website services, to analyze trends, to administer the Site, to track users' movements around the Site and to gather information about our user base as a whole. User IP addresses are recorded for security and monitoring purposes.

Network connected hardware (e.g. computer, or mobile device) data, such as a unique device identifier, type, model, version, error related data, status, capability, configuration, functionality, performance data, and connection type.

Physical or geographic location data, such as country, region, city, or latitude and longitude. 

Advertising data

Including display frequency, duration, location, or viewing software, or identifier.

Technologies used in our Services to passively collect such information may include:

Cookies

Small data files placed on a device's hard drive described below in USE OF COOKIES.

Pixel tags

Pixel tags are tiny graphic images - to tell us what parts of the Site have been visited or to measure the effectiveness of searches users perform on the Site. Pixel tags also enable us to send email messages in a format that customers can read. And they tell us whether emails have been opened to assure that we are only sending messages that are of interest to our users.

Embedded Scripts

Programming code that is temporarily downloaded onto a device or browser, and is active only while you are connected to our website, and is deactivated or deleted thereafter or when you clean your cache. Also known as Service Workers, we use it to be able to send you push notifications in the background.

The Sound Enclave relies on 3rd party services to actually deliver the push notifications. These services include: Google's Firebase Cloud Messaging, Firefox Push Notifications and Apple Push Notification Service.

In addition, our Services may use a variety of other hardware or software specific technologies that automatically collect information.

Information We Receive From Third Parties

We may also supplement the information that we collect with information that we obtain from third parties relative to you, including digital ad network vendors. We may combine the information we receive from these third parties with the information we directly collect, in which case we will handle it in accordance with this policy, provided however, that to the extent we receive a deletion request from a user we will solely delete the information we collected directly from that user, and not information provided to us by third party relating to that user.

We may also collect information for market research purposes to gain a better understanding of our customers and thus provide more valuable service. The Sound Enclave also collects information regarding customer activities on our Site, and on related websites. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites and Internet services are of most interest to them.

We use the information that we collect to develop, deliver, and improve our products, services, and other offerings.

In cases where you use a mobile device to access our sites or use or applications, we may receive information about the location of your device. We may use this information to develop, deliver, and improve our products, services, and other offerings.

We will retain your PII until we receive a deletion request from you, or your account is deleted, or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

USE OF COOKIES 

The Sound Enclave uses cookies to store users' preferences and to record session information, for purposes including: (i) ensuring that visitors are not repeatedly offered the same advertisements, to customize newsletter, advertising, and Web page content based on browser type and user profile information; (ii) to help track usage to help us understand which parts of our website are most popular, where our visitors are going, and how much time they spend there; (iii) to make usage of our website even more rewarding as well as to study the effectiveness of our customer communications, and (iv) to customize each visitor's experience and provide greater convenience. 

The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from The Sound Enclave in order to use most functions on the Site. Please note that The Sound Enclave may allow third party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Among other things, these third parties may use cookies, pixel tags and other technologies to enable such third parties to record which ads your browser has loaded and which pages you may have been viewing when the ads were delivered or accessed. Advertisers' use of cookies is subject to their own privacy policies, not The Sound Enclave Privacy Policy.

Website Cookie Preference Tool: You can exercise preferences about what cookies are served on our Sites by modifying our cookie settings preference. 

DO-NOT-TRACK 

Our Site does not respond to "do-not-track" settings in users' web browsers at this time. However, there are various ways to opt out of interest-based advertising, such as TRUSTe’s Ad Choices, the Network Advertising Initiative’s Consumer Opt-Out Page, or you can also visit Google's Ad Settings to manage the ads Google serves.  

CHAT, PROFILES, COMMENTS, MESSAGE BOARDS AND PUBLIC FORUMS 

Please be aware that whenever you voluntarily post public information to Chat Rooms, Profiles, Message Boards or any other Public Forum, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We are not responsible for the PII you choose to submit and make publicly available on the Site. Please think before you post any PII online. 

USING SOCIAL FEATURES OF OUR APPLICATIONS 

Our social features promote and facilitate interaction among our application users, such as by allowing our users to share a casting call. In order to protect the application users’ privacy, we will only show you this information if they previously opted in to use the same social feature you are using.

When you use any of The Sound Enclave applications, or features at a site not controlled by The Sound Enclave, such as a social networking site ("SNS") like Facebook, that site may allow The Sound Enclave to access certain information about you. You may also be required to read and accept the SNS’s terms of service and privacy policy. By accessing a The Sound Enclave application through a SNS, you are authorizing The Sound Enclave to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the SNS could provide to The Sound Enclave through the SNS.

The information you allow The Sound Enclave to access varies by application and SNS, and it is affected by the privacy settings you and your friends establish at the SNS. You can find out more about these settings at the SNS where you access our applications.

If you choose (opt in) to use one of our social features, you may be asked to log into a SNS, such as Facebook, through our application. The SNS may provide The Sound Enclave with the following information:

• Your SNS user ID.
• Your profile picture or its URL (if available).
• The user IDs and profile pictures of the people you are connected to on the SNS, such as your Facebook friends.
• Contact information (such as your name and email address).
• Demographic information (such as your gender and your date of birth).
• Your physical location and that of your access devices.
• Other information you provided to the SNS, such as occupation, interests, hobbies, music preferences, biographical information, and potentially any and all information that you agreed the SNS or other party could provide to us when you use our applications.

We do not retain user IDs or other information provided by the SNS. While using The Sound Enclave social features, you may be able to see your friends’ profile pictures and their most recent use of the feature. Similarly, when your friends are using the feature, they may be able to see your profile picture and your most recent use of the feature. You may be able to invite your friends to join you in a social feature, such as by posting a message to your Facebook wall. You are never required to use The Sound Enclave’s social features in order to use our applications. 

LINKING TO OR EMBEDDING YOUTUBE AND VIMEO VIDEOS TO YOUR PROFILE 

While using The Sound Enclave, users may link to or embed their YouTube or Vimeo videos to their The Sound Enclave casting calls. By electing to link to or embed YouTube or Vimeo videos to your casting call, it will use YouTube’s API Services or Vimeo’s API Services and you agree to be bound by the applicable YouTube Terms of Service or Vimeo Terms of Service. In addition to our normal procedure for deleting stored data, users can revoke our access to your data via the Google security settings page. 

CORRECTING / UPDATING / ACCESSING / DELETING / OR TRANSPORTING INFORMATION 

Right to Modify: The Sound Enclave registered users may access, modify, or correct any of the personal information contained in their Profile via their profile dashboard at any time, or by contacting Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

Right to Deletion: The Sound Enclave registered users may request the deletion of any of the personal information collected by The Sound Enclave from such user at any time by contacting Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo., subject to The Sound Enclave’s rights in certain cases to retain certain information, for example to complete a transaction or to provide requested services.

Rights to Portability: The Sound Enclave registered users may also have the right to obtain their personal information collected by The Sound Enclave so they can transfer it to another party, or ask us to do so on their behalf, which we will do when technically feasible. This right is limited, and only arises when our processing of your information is automated and based on your consent or our Terms of Service. To exercise this right, please submit your request by sending an email to Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo..

Correcting or Modifying Information: The Sound Enclave registered users may access or modify any of the PII contained in their Profile at any time by logging into their account and accessing features such as Edit Profile and Billing Info.

To manage the information The Sound Enclave receives about you from a SNS when you access one of our applications through the SNS, you will need to follow the instructions at that site for updating your information and changing your privacy settings at that SNS’s site. Once The Sound Enclave receives your information from an SNS, that information is used by The Sound Enclave in accordance with this Privacy Policy, and you may access and update that information as described in the above paragraph. 

EMAIL CHOICE / OPT OUT 

Users who no longer wish to receive promotional messages or updates may choose not to by opting-out. To opt-out, simply log-in to your user Account, and click the appropriate box to disable the notification emails you no longer wish to receive. All notification emails and The Sound Enclave newsletters also include the above instructions for opting-out of those communications in the future. Note that users who have opted-out of promotional messages or updates may still receive email messages from The Sound Enclave where necessary to provide a service you have requested or where necessary to inform you of critical information relating to your use of the Site. 

THIRD PARTY ADVERTISING 

The Sound Enclave or one of our web-advertising partners may deliver ads appearing on The Sound Enclave to users of our Site. Our web-advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers only the use of cookies by The Sound Enclave and does not cover the use of cookies by any third party advertisers. Please be aware, however, that to the extent Google may deliver ads to our website it uses the DART cookie. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.  

SECURITY 

The Sound Enclave user accounts are secured by user-created passwords. The Sound Enclave takes precautions to ensure that account information is kept private. The Sound Enclave uses reasonable measures such as encryption to protect private information that is stored within our database against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction, and we restrict access to such private information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. For example, when you enter certain sensitive information on our order forms, we encrypt the transmission of that information using secure socket layer (SSL) technology, which creates an encrypted connection between you and our systems. No credit card information is requested by us or stored in our server as all payments are handled by PayPal.

Please note that no method of electronic transmission or storage is 100% secure and The Sound Enclave cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. Users are urged to also take precautions to protect their PII by changing passwords often using a combination of letters and numbers, and using a secure web browser. For additional help with password security, we also recommend password management tools like 1Password and LastPass.

The Sound Enclave integrates third party software that collects information about users for security reasons. Any information collected by reCAPTCHA is held in accordance with the Google Privacy Policy available here.

For any additional information about the security measures The Sound Enclave uses on the Site, please contact us at Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.. 

SHARING AND DISCLOSURE OF INFORMATION THE SOUND ENCLAVE COLLECTS 

We use non-personally identifying information without restriction. We use PII in a number of ways.

First, we use PII for the purpose for which it was collected. For example, PII that you provide through any of our business support processes (including customer service) will be used to complete that process, and personal information entered by you through the features of our products and services will be used for the operation and delivery of those features, including the delivery of such information to Producers members or digital ad network vendors in order to deliver the Services.

Second, while we strive to minimize our use of PII, or otherwise anonymize or aggregate it before use, we may use personal information to:

• Send marketing communications to prospective customers who visit The Sound Enclave marketing website;
• Deliver contextual or targeted advertising to prospective customers who visit The Sound Enclave marketing website;
• Understand and improve our Service operations and performance for users of the Services;
• Assist in customer service and transactions on behalf of users of the Services.

Information We Share

We may share your information, including your personal information, with other parties as follows:

We may share your information within The Sound Enclave for purposes related to providing you with content, products, or services, including software applications; community administration or development; to support various business processes; security; and research and development.

Service Providers to The Sound Enclave. With persons or companies that we retain to carry out or provide support to business operations, including vendors for email delivery services, payment processing, metrics, website analytics, image processing services, surveys, digital distribution, customer support, third party analytics, marketing surveys, event tracking, analytics, user authentication, hosting, CDN services, and digital ad network services.

Service Providers are required to adhere to confidentiality and security requirements.

Law Enforcement, Judicial, Administrative, or Regulatory Disclosures. When we believe in good faith that the law requires disclosure or that disclosure is necessary to protect or enforce the rights, property, safety, or security of ourselves or others.

Business Transfers. In connection with sale of The Sound Enclave applicable business, a portion of the business, or certain stock and/or assets, or a corporate merger, consolidation, restructuring, or other corporate change including, without limitation, during the course of any due diligence process.

Third Parties. With third parties (with whom we use reasonable efforts to obtain their agreement to protect the confidentiality, security, and integrity of any personal information we share with them), such as: Third party providers of services, vendors, opportunity promoters, and third parties with whom we are jointly delivering services or features.

Publicly Accessible Software Features

Certain elements of your personal information and certain information about your use of our Services are publicly accessible via the provided Services, e.g. your purchase of a Producer or Actor membership will cause your name, image, biography, videos and related information to be displayed on the internet. To be clear, we do not share your personal information with third parties other than our Producer Members at your intentional direction.

You may follow a link provided on the Site to a third-party website.

If you choose to "share" content or to otherwise post information from or via our Services to a third-party website, feature or application, that information will become public and the third party web site may have access to information about you and your use of our Services. Likewise, other users may use these same features to share information about you. We are not responsible for how you use or publish personal data through these or similar features, or how third parties use the features to share information.

REQUIRED DISCLOSURES 

Except as otherwise described in this Privacy Policy, The Sound Enclave will not disclose personal information to any third party unless it believes that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by The Sound Enclave, whether or not a response is required by applicable law; (2) to enforce the Terms of Service or to protect our rights; or (3) to protect the safety of members of the public and users of the Services. The Sound Enclave reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of The Sound Enclave or substantially all of its assets to that successor in interest. The Sound Enclave takes your privacy very seriously. The Sound Enclave does not sell or rent your contact information to other marketers. 

ACCOUNT DATA ON CLOSURE 

Except as otherwise required by law, if your account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and that any closure of your account may involve deletion of any content stored in your account for which The Sound Enclave will have no liability whatsoever. The Sound Enclave, in its sole discretion and as permitted or required by law, may retain some or all of your account information. 

PRIVACY OF CHILDREN 

Our Site and our Services are oriented toward a general audience and intended to be accessed and utilized by adults only.

The Sound Enclave is committed to protecting the privacy of children. This Children’s Online Privacy Policy explains our information collection, disclosure, and parental consent practices, and uses terms that are defined in our Privacy Policy. This policy is in accordance with the U.S. Children’s Online Privacy Protection Act ("COPPA"), and outlines our practices in the United States regarding children’s personal information. For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.

WE DO NOT KNOWINGLY SEEK OR COLLECT PERSONAL INFORMATION FROM USERS UNDER THE AGE OF 13. IF WE GAIN ACTUAL KNOWLEDGE THAT WE HAVE INADVERTENTLY GATHERED PERSONAL INFORMATION FROM A USER UNDER THE AGE OF 13, WE WILL PROMPTLY DELETE ANY AND ALL SUCH PERSONAL INFORMATION FROM OUR RECORDS.

PARENTAL RIGHTS

At any time, legal guardians can refuse to permit us to collect further personal information regarding their children between 13 years of age and 18 in association with a particular account, and can request that we delete from our records the personal information we have collected in connection with that account. Additionally, legal guardians can request to review personal information collected regarding their children between the ages of 13 and 18 at any time simply by making an email request to Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.. We will not require a legal guardian to disclose more information than is reasonably necessary to confirm their identity.

We use one method to allow parents to access, change, or delete the personally identifiable information that we have collected regarding their children:

• Parents can contact Customer Support to request changes, or deletions of their child’s personal information by sending an email to us at Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.. A valid request to delete personal information will be accommodated within a reasonable time.

Any other inquiries may be directed to:

• The Sound Enclave LLC
• 12160 Saint Andrews PL, 102
  Miramar, FL 33025
• United States of America
• Phone: 305-988-2965 (US)
• Email: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

In any correspondence such as e-mail or mail, please include the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.

If you discover your child under the age of 13 has provided personal information to us without your consent, once we verify you are the child's legal guardian, we will promptly: (a) provide direct notice to you indicating what, if any, personal information of your child has been collected and how it has been used or disclosed; (b) remove and cease the use of your child's personal information or other information from our database and (c) by notice to you, confirm compliance with the foregoing. 

INTERNATIONAL DATA TRANSFERS 

The Sound Enclave is a website operated from the United States by a company headquartered in the United States. If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States and governed by applicable U.S. laws and regulations and this Privacy Policy. The applicable laws in the United States regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

When we transfer PII for any of the purposes identified in this policy from the European Economic Area (“EEA”) or Switzerland to another party located outside of the EEA or Switzerland, we will rely on a legal framework that provides appropriate safeguards, which could include obtaining your consent for such data transfer, the standard contractual clauses adopted by the European Commission, or another framework deemed adequate by the European Commission. In cases where we transfer your PII pursuant to your consent, you may contact us by email to Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo. to request that your consent be withdrawn.  

ADDITIONAL PRIVACY RIGHTS AND OBLIGATIONS 

This section sets out rights applicable only to PII of individuals located in the EEA or Switzerland, and our obligations regarding their PII.

If you are located in the EEA or Switzerland, then you may have the right to restrict or object to our processing of your PII. The right to restrict processing arises only in limited circumstances, for example, if you think we are processing inaccurate information. In addition, if we are required to restrict processing but the requirement is temporary, we may not be permanently obligated to adhere to your request. We will, however, let you know when the restriction is lifted. In cases where our basis for processing your information is the satisfaction of our legitimate interests (e.g., fraud prevention), you may object to our processing. However, we will decline your request if our interest in continuing to process your information is sufficiently compelling to legally override your interest in the request, or our processing is necessary to establish, exercise, or defend a legal claim. You also may prevent us from sending direct marketing at any time without limitation. To request a restriction or to object to processing, please submit your request by sending an email to Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo..

Individuals located in the EEA or Switzerland may also have the right to obtain their PII so they can transfer it to another party, or ask us to do so on their behalf, which we will do when technically feasible. This right is limited, and only arises when our processing of your information is automated and based on your consent or our terms and conditions. To exercise this right, please submit your request by sending an email to Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo..

Individuals located in the EEA or Switzerland can contact us with any questions or concerns about how we process their PII via email at Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.. If you are located in the EEA or Switzerland, you also have the right to lodge a complaint with a supervisory authority established in your country. 

CHANGES IN OUR PRIVACY POLICY 

From time to time The Sound Enclave may make changes to our Privacy Policy. The most recent version of the Privacy Policy will be posted on our Site, with the "Last Updated" posted at the top of the Policy. If we make any material changes to our Privacy Policy or how we handle your PII, you will know because the Last Updated date of the Privacy Policy will change. If we make a significant or material change in the way we use your PII, we will post a more prominent notice (including, for certain services, email notification of privacy policy changes where possible) in advance of any such change for thirty (30) days where feasible. A user is bound by any minor changes to the Privacy Policy when she or he uses the Site after those changes have been posted. 

CONTACTING THE WEB SITE 

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.. Physical inquiries can be sent to the following address: 

• The Sound Enclave LLC
• Attn: Legal Department - Privacy
• 12160 Saint Andrews PL, 102
  Miramar, FL 33025, United States

DISPUTES 

Any disputes regarding this Privacy Policy are subject to our Terms of Service and will be governed by the laws of the State of Florida, applicable to agreements made and performed there.

The Sound Enclave LLC. d/b/a thesoundenclave.com (together with its affiliates, successors, and assigns, hereinafter referred to as “OUR”, “WE”, or “US”) have adopted this Copyright Policy and DMCA Notification Process (the “Copyright Policy”) in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (the “DMCA”).

We respect the intellectual property rights of our users and others, and adhere to the provisions of the DMCA. The Copyright Policy applies to the website www.thesoundenclave.com (the “Site”) to address claims of infringement pertaining to copyrighted material owned or controlled by a third party. 

COPYRIGHT AND CONTENT USAGE FAQ

Copyright is a form of legal protection given to authors of original works such as literary, dramatic, musical, artistic, graphic, photographic, software and certain other intellectual works. The copyright owner has the exclusive right to reproduce the work, make new works based on the work, distribute copies, and perform or display the work, during the duration of copyright protection, subject to very limited fair use rights of others to use only such amount as necessary to exercise fair use rights. You should assume all third party content is protected by copyright unless you have determined otherwise with the assistance of legal counsel and you should not rely on fair use except pursuant to advice of legal counsel. You can, however, seek a permission or license to use third party copyright protected content and once obtained will have the right to do so. 

POLICY

Pursuant to the General Terms and Conditions of the Site each Site user is responsible for ensuring that the materials they upload to the Site do not infringe any third party copyright. Additionally, the General Terms and Conditions prohibit Site users from using the site to infringe the intellectual property rights of any person or entity.

If you are a copyright holder who believes that any of the material(s) on the Site violates your copyright rights, please follow the guidelines and procedures below to provide us with appropriate notice. We will respond to clear written notices alleging infringement that comply with, or substantially comply with, the DMCA and other applicable laws.

We will remove or disable access to allegedly infringing material from the Site upon receipt of a valid DMCA notice as required by the DMCA and will provide the allegedly infringing party with a copy of the DMCA notice alleging infringement. If the party who posted the allegedly infringing information files a valid counter-notification, the materials will be reposted unless you file a claim for relief as further set forth in the DMCA.

All notices must be provided to our Designated Agent in hard copy (e.g., U.S. mail, e-mail, or facsimile) as described below. The Company does not accept notices or counter-notifications under the DMCA submitted by telephone or electronically via Company websites or mobile applications. You may wish to consult with legal counsel to assist you with assessing your claim(s) and understanding your rights and liabilities, including, without limitation, your potential liability for filing a false claim.

We do not act as an arbiter or judge of disputes about intellectual property rights. We do not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined in the real world, by real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available in the real world. By disabling access to or removing content, as a prudential matter, we are not endorsing or validating a claim of infringement.  

REPEAT INFRINGER POLICY

Pursuant to the General Terms and Conditions, if a Site user engages in “repeat infringement” we may terminate the user’s registration and Site account without notice, and the user will no longer be permitted access to the Site or the Services. “Repeat infringement” shall be defined as two (2) or more instances, as determined by us in our reasonable discretion, where a user has infringed the copyright rights of another person. In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, we will treat the underlying DMCA notice as withdrawn. We reserve the right to terminate Site accounts that are the subject of fewer than two (2) instances of infringement of the copyright rights of another person in appropriate circumstances, such as when the user has a history of violating or willfully disregarding the General Terms and Conditions. 

OVERVIEW OF THE DMCA NOTICE PROCESS

The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. Upon taking down content pursuant to the DMCA, the online service provider will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, the online service provider generally restores the content in question, unless it receives notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. 

FILING A DMCA NOTICE TO REMOVE COPYRIGHTED CONTENT – FOR COPYRIGHT HOLDERS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a completed DMCA NOTICE FORM, or a written notice containing the following information:

• (1) Your legal name, mailing address, telephone number, and email address (if any);
• (2) A description of the copyrighted work that you claim has been infringed, and the name of the owner of the copyrighted work;
• (3) A description of where on the Site the material that you claim is infringing the copyright may be found, sufficient for us to locate the material (e.g., the URL);
• (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
• (5) A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
• (6) Your electronic or physical signature.

Completed DMCA Notice Forms may be submitted to our Designated Agent, identified below, via: U.S. Mail; Email; or Facsimile.

Please note that we may disclose any complete DMCA Notices and any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. 

FILING A DMCA COUNTER-NOTIFICATION TO RESTORE REMOVED CONTENT — FOR SITE USERS

If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing all of the following information:

• (1) Your legal name, mailing address, telephone number, and email (if any);
• (2) A description of the material that was removed and the location on the Site (e.g., the URL) where it previously appeared;
• (3) A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
• (4) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which we may be found (which includes the United States District Court for the Southern District of Florida), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person;
• (5) Your electronic or physical signature.

Completed DMCA counter-notifications may be submitted to our Designated Agent, identified below, via: U.S. Mail; Email; or Facsimile.

Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of a counter-notification, we will restore the removed materials. Until that time, the materials will remain removed. 

WARNING

UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information. For the full text of the DMCA, click here.

THE SOUND ENCLAVE DESIGNATED AGENT

The Sound Enclave
Attn: Legal Department – DMCA Agent
12160 Saint Andrews PL
Miramar, FL 33025
Telephone: 305-988-2965
Email: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.

DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.