General Terms and Conditions
This is a legal agreement (“Agreement”) between and among you and Gotcha srl ( from now on “Gotcha”) stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, label, brand, etc.) use of the Gotcha website, including any Gotcha branded website, webpage, or application (each of these websites and the services available through them are individually and collectively referred to in this Agreement as the “Website”, as the context requires, including, without limitation, any mobile version. By using the Website, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and Gotcha reserves the right to change, add, or remove portions of this Agreement at anytime. It is your responsibility to check the Agreement each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Gotcha: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “Proceed to check out” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register or buy anything for the Website, nor may parents or legal guardians register or pay on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
Content and Products.
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Gotcha , and is protected by U.S. and Europe and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Gotcha or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by Gotcha for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Gotcha Sounds.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Gotcha shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Gotcha reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Gotcha (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Gotcha may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Gotcha , in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Gotcha may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Gotcha immediately of any unauthorized use of your password and/or Account. Gotcha shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Gotcha , its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Gotcha shall have the right to terminate your Account and pursue all available remedies at law.
Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for Gotcha to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
Charges and Billing.
You agree to pay for all for-fee Products that you purchase through the Website. Gotcha may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Gotcha to charge your credit card for the above at Gotcha ‘s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING GOTCHA WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Gotcha may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Gotcha may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Gotcha will not be liable to you or to any third party should it exercise such rights.
Limitation on Sales
Gotcha sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Gotcha reserves the right to refuse access to the Website or Gotcha API or sale of Products, to any end user. Gotcha may terminate any offers for free or special promotions or pricing on merchandise at any time.
Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. Gotcha does not provide price protection or refunds in the event of a price drop or promotional offering.
Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Gotcha charts and other marketing data, Gotcha reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Gotcha’s sole discretion, falsely inflate sales data.
All sales are final and all charges from those sales are nonrefundable. Gotcha will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Gotcha.
No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Gotcha reserves the right not to accept end user orders with prices based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Gotcha ‘s offer to sell or (2) convey Gotcha ‘s acceptance of your order. Gotcha reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Gotcha reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Gotcha chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
Charges and Billing.
Gotcha currently accepts American Express, Visa, Master Card, JCB and PayPal. Gotcha does not accept cash, money orders, or checks. Gotcha reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Gotcha, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Gotcha will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Gotcha ‘s management’s sole discretion.
Gotcha accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Gotcha, LLC. All purchases made using currency other than US Dollars shall be processed by Gotcha Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
Limitations of Content Usage and Copyright.
Gotcha may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Gotcha (“Content Rules”) and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. GOTCHA RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Stream.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Gotcha shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
Loss of Rights by Gotcha.
Gotcha may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
Community and Brand Features / Public Areas.
GOTCHA HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. Gotcha is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that Gotcha may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If Gotcha’s use of such Content exploits any proprietary rights you may have in such material, you agree that Gotcha has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website (including the organization of content and charts,) and software, are owned by Gotcha and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Gotcha and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Gotcha and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Violation of Intellectual Property Rights.
This service respects the rights of copyright owners. All rights of the authors of the works protected, reproduced and communicated on this site are reserved. Unless authorized, any use of the Contentother than for the purposes stated for herein are prohibited.
If Gotcha receives a notice alleging that you have engaged in behavior that infringes Gotcha ‘s or an other’s intellectual property rights or reasonably suspects the same, Gotcha may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph.
Enforcement of These Terms.
You agree that Gotcha has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as Gotcha believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Gotcha ‘s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Website. Gotcha may include links to third party websites, which are provided solely as a convenience to you. Gotcha assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that Gotcha is not responsible for evaluating or examining the content or accuracy of such.
Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless Gotcha and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, partners, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from Gotcha and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Agreement and service hereunder.
If you fail, or Gotcha suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to: failure to make payment of fees due, failure to provide Gotcha with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities Gotcha believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, squatting usernames or profile accounts, using vulgar or offensive language or images in any profiles or uploaded Content, or any other violation of this Agreement or any license to the software, Gotcha , at its sole discretion, without notice to you, may: (i) terminate your Account, and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination.
The laws of the Italy govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Gotcha or relating in any way to your use of the Website resides in the courts of Turin (TO), Italy
Disclaimers and Limitations of Liability.
(a) You agree that from time to time Gotcha may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
(b) Under no circumstance shall Gotcha be liable for any unauthorized use of the Website or its Content.
(c) To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Gotcha shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
(d) All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Gotcha makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. Gotcha makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any Content you may obtain from the Website is free of viruses.
(e) Gotcha specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, even if Gotcha has been advised of the possibility of such damages, including but not limited to reliance by any party on any Content obtained through the use of the Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the Website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.