Acceptance of Terms

You agree to and are bound by the terms and conditions set forth below and any modified or additional terms that Shindig Sandbox, LLC. (“Sandbox”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Sandbox may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use.

Intellectual Property

Although you may be permitted to use in a limited fashion certain content on the Site (ie. audio tracks that Sandbox has made available to you) for non-commercial, internal, exploratory purposes, such use is solely at Sandbox’s discretion prior to entering into a formal license agreement and may be revoked by Sandbox at any time. You acknowledge that Sandbox remains either (1) the sole owner of, or (2) the authorized custodian of, all right, title, and interest in the Site and its content and Sandbox reserves all rights not expressly granted under these Terms of Use or referenced in separate licensing agreements. Sandbox provides the Site on an “as is” and “as available” basis.

All content on this Site, including but not limited to music, other media, and related metadata (collectively the “Sandbox Content”), as well as the selection and arrangement of the Sandbox Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Sandbox Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Sandbox, Sandbox does not grant any express or implied permission to use the Site or any Sandbox Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Sandbox Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Sandbox Content.

Unless you enter into a license agreement with Sandbox you may not download, distribute, display and/or copy any Sandbox Content other than for the limited, non-commercial, internal purposes referenced herein (which may be revoked by Sandbox at any time). Any use of Sandbox Content by you shall be governed by the applicable license agreement separately entered into between you and Sandbox.

You may not remove any watermarks or copyright notices contained in the Sandbox Content.

Sandbox Trademarks

For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Sandbox.

Nothing contained herein grants or shall be construed to grant you any rights to use any Sandbox Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use Sandbox’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Sandbox.

You may not at any time, adopt or use, without Sandbox’s prior written consent any word or mark which is similar to or likely to be confused with Sandbox’s Trademarks.

The look and feel of the Sandbox website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Sandbox and may not be copied, imitated or used, in whole or in part, without the prior written consent of Sandbox.

All other trademarks, product names, and company names or logos used or appearing on the Sandbox website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sandbox, unless expressly so stated.

You may not use a Sandbox trademark, logo, or other proprietary graphic of Sandbox to link to the Sandbox website without the prior written consent of Sandbox.

Information You Provide / Privacy Policy

Because Sandbox respects your privacy, we do not sell, rent, trade, or unnecessarily share with any other organization, the personally identifiable information (“personal information”) you supply to us. As part of our business operation, we may gather certain types of personal information from users of the Site and for various Sandbox activities, operations, and business purposes. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Sandbox subject to your agreement with the applicable third-party platform. Sandbox’s collection and use of all such information shall at all times conform to this Terms of Use, the Sandbox Privacy Policy, and applicable law.

You have the right to withdraw your consent at any time during or subsequent to your use of our Site by emailing Sandbox at [email protected]. However, any data processing performed by Sandbox prior to your withdrawal of consent cannot be undone. 

You also have the right to object to Sandbox’s collection and/or use of your personal information, to request access to your information, and to request that we correct any information we have or to remove you from our records. If you wish to correct/update/delete information or no longer desire to receive information from Sandbox, you can notify us by contacting us at the email address above.

Infringement Claims / DMCA Notices

If you believe that any Image or other material made available by Sandbox infringes upon any copyright that you own or control, or otherwise violates the Digital Millennium Copyright Act (DMCA) you may notify Sandbox at [email protected].

Limitations

You agree that you shall not:

Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Sandbox or any third party.

Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.

Violate the rights of Sandbox or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

Restriction and Termination of Use

Sandbox may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Sandbox Content at any time in Sandbox’s discretion, without prior notice or liability to you. Any conduct by you that, in Sandbox’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

Links to Third Party Sites

In the event that the Site is available through any third-party platform, or if Sandbox provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Sandbox makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Sandbox, and Sandbox provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Sandbox.

Warranties and Disclaimers

Your use of the Site is at your own risk. The Site is provided by Sandbox under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. Sandbox expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Sandbox makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Sandbox makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Sandbox will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

Indemnification

You agree to defend, indemnify and hold harmless Sandbox, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Sandbox Content, or your violation of any rights of another.

Miscellaneous

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of California and county of Los Angeles. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Sandbox shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Sandbox, such action is necessary or desirable.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of California, without respect to its conflict of laws principles.

In the event of any conflict between these Terms of Use and any license agreement you enter with Sandbox, the terms of such license agreement shall control.

These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.