Welcome to use the Premium Members Service of AllMyTracks offered by [AllMyTracks Technology ] (hereinafter “AllMyTracks Technology”). In order to protect your rights and interests, please read all the contents of this Agreement carefully, especially those in bold, before proceeding to the next step. By checking “Agree to the Membership Service Agreement” or clicking the “Enable Now/ Purchase Now” button or other button with similar meaning, you are deemed to agree to and sign this Agreement, and agree to abide by the provisions in this Agreement. This Agreement will then constitute an agreement between you and AllMyTracks Technology and have legal effect.
This Agreement is made based on, and is an integral part of and forms a unified whole with, the AllMyTracks User Agreement. In case of any conflict between this Agreement and the AllMyTracks User Agreement, this Agreement shall prevail. Matters not covered herein shall still be subject to the AllMyTracks User Agreement.
This Agreement includes the body of this Agreement and the various rules already or subsequently published by AllMyTracks Technology or AllMyTracks in connection with AllMyTracks Premium Members Services/Packages. All rules are integral parts of this Agreement, and have the same legal effect as this Agreement. AllMyTracks Technology or AllMyTracks will prompt you by email or website announcement in case of any change hereto. If you do not agree to the modification of this Agreement, you shall immediately stop using the Service; and by continuing to use the Service, you shall be deemed to agree to the modification of this Agreement.
If you are are minors, please read this Agreement and the relevant agreements mentioned herein in the company of your legal guardian, and obtain the written consent of your legal guardian before using the Service.
1．[AllMyTracks]: refers to [https://allmytracks.net/ ], a platform mainly offering genuine music material sales services and music customization services, which is operated by AllMyTracks Technology.
2．Premium Member: refers to any user who abides by the AllMyTracks User Agreement, platform rules and other agreements and rules, has full capacity for civil conduct, signs this Agreement and pays the corresponding fees according to the charging standards published by AllMyTracks or AllMyTracks Technology, and subscribed to the membership service. Premium Member include but not limited Music & Sound Effect Premium member sndMusic Sound Effects Business member, and the specific designation of such qualification shall be subject to the designation published by AllMyTracks Technology, hereinafter referred to as “Member”. Please note that if you directly purchase Member-exclusive packages, services or products (if any), you will become a Member directly after you agree to this Agreement and pay the corresponding fees.
3．Premium Members Service：also called Membership Services, refer to the special services provided by AllMyTracks Technology to Members according to the type and grade of Premium purchased by Members,including but not limited to Music & Sound Effect Premium and Music Sound Effects Business . Under different Premium types and grades, the Membership Services will be different, subject to the specific service content published by AllMyTracks Technology. Please carefully confirm the Membership Services you have purchased, before payment.
1．AllMyTracks Technology will provide you with corresponding Membership Services according to your subject qualifications and the type of Membership Services you choose. Please note that the "[Music & Sound Effect Premium]" can only be used for personal projects. Only the "[Music Sound Effects Business ]" and other Enterprise Services, can be used for enterprise projects. If you are an enterprise (or an enterprise employee who purchases services for enterprises), you should choose to purchase "[Music Sound Effects Business ]" or other Enterprise Services,.
2．You understand and agree that, based on a combination of factors such as user experience or product/service provision rules and healthy development, AllMyTracks Technology reserves the right to decide whether to accept your application for Membership Service subscription, adjust the content of Membership Services, cancel Premium/Membership and other related rights within the scope permitted by laws and regulations.
3．The Membership Services are paid services provided by AllMyTracks Technology. You can use the Membership Services only after you pay the corresponding fee according to the charging standard of the corresponding service content.
4．The price, payment terms, rights and benefits, and enabling method of the Membership Services may vary due to your enabling time, payment software, login registration software, and participation in activities. Please refer to the amount, method, and service content displayed when you enable the service, which shall prevail.
5．The validity period of the Membership Services shall correspond to the specific duration of the type of Premium you choose to purchase. You acknowledge and agree that the Membership Services will be automatically activated when you successfully pay the Membership Service fee, since when the Membership Service and related benefits, products, etc. will be delivered and take effect immediately and the validity period of the service will commence. If you want to continue to enjoy the Membership Services after the expiration of the validity period, you need to make another purchase.
6．You acknowledge and agree that AllMyTracks Technology has the right to send you information related to premium/membership activities by email,website announcements and other forms.
7．AllMyTracks Technology shall have the right to unilaterally price the services or products it provides (including but not limited to premium/Membership and its related rights and interests, the products, tools or resources related to or provided with the Membership Services, etc.), and to change the same according to its own operational needs. AllMyTracks Technology is hereby granted your consent and authorization that: AllMyTracks Technology has the right to adjust the services you have received according to the unified adjustment ratio of the platform, without refund of any fees or payment of any compensation or indemnity to you; provided that, AllMyTracks Technology will make its best efforts to protect your purchased Membership/premium benefits then in force from unreasonable and material impairment.
8．Based on the particularity of Membership Services, the services you have received (including but not limited to Membership/premium and its related rights and interests, and the products, tools or resources related to or provided with Membership Services) cannot be returned or exchanged. No services and their derivative products and incidental resources received other than through the official publication channels will be protected, and AllMyTracks Technology shall have the right to suspend or terminate its services to you.
9．In order to improve the user experience, AllMyTracks Technology will update and modify the membership/premium and/or its related services, functions and interfaces, including developing new functions, deleting old functions, and adjusting the content of its website (such as adding or deleting content, license period, charging mode, etc.). You understand and agree that, such change will be made without further notice from AllMyTracks Technology to you, any changed services and functions are still governed by the relevant provisions of this Agreement, unless otherwise specified.
10．After you enable the Membership Services, there may be differences in the specific services actually available to you due to the differences in software versions, devices, operating systems, etc. you use, as well as third party's reasons. You accept any resultant inconvenience as may be caused to you, and you will not make any claims against or try to hold AllMyTracks Technology liable on this ground. Meanwhile, this Agreement may be different due to the version of the software you use. You understand and agree that the final version of this Agreement shall be the version provided on the web page of the website of AllMyTracks Technology.
11．Based on equity adjustment, market and business development. AllMyTracks Technology may offer you with value-added services related to membership/premium benefits, and may charge fees for such value-added services. Any adjustment of Membership Service fees shall take effect from the date of publication, provided that the Membership Services you have enabled before the effective date shall not be affected. However, any renewal of the Membership Services after expiration shall require payment according to the adjusted fee standards then in effect. AllMyTracks Technology will inform you of the specific criteria in an appropriate manner before the start of charging for value-added services, and you have the right to opt out of any paid value-added items.
1．Before using specific Membership Services, you need to submit your email for registration and login; in order to ensure your successful payment and issuance of invoice to you, AllMyTracks Technology may request you to further link your third-party payment account, and submit information such as email address, personal data, company name, etc. You shall ensure that the information provided by you is true, accurate, complete, legal and valid, and you shall update the same in a timely manner in case of any change thereto. If the information provided by you is illegal, untrue, inaccurate and incomplete, any losses and legal liabilities arising therefrom will be solely borne by you, and AllMyTracks Technology reserves the right to claim compensation from you for any loss thus caused to AllMyTracks Technology.
2．When using the Membership Services, you shall be a natural person, legal person or other organization with civil capacity for conduct appropriate to your acts. If you do not have such capacity, please be sure to use our services with the help of your guardian (if any). If the rights and interests of AllMyTracks Technology or any third party are thus damaged, you and your guardian shall bear the corresponding liabilities.
3．You confirm that the Membership Services are only for your own use, and you shall not (i) register as a Member by sale, transfer, embezzlement or lease of other users’ accounts, or (ii) enjoy the Membership Services by sale, transfer, embezzlement, borrowing or lease of a Member account, or (iii) use the Membership Services provided by AllMyTracks Technology to you in the commercial field, such as trading, exchange, mortgage or setting up other encumbrances. Once found, AllMyTracks Technology will suspend your user account or cancel your membership/premium without any compensation or refund of fees.
4．You warrant that you will use the Membership Services reasonably and will not take advantage of the Membership Services to make profits, legal or illegal. If AllMyTracks Technology reasonably suspects that you have improperly used the Membership Services, AllMyTracks Technology shall be entitled to cancel your membership/premium without refunding the Membership Service fees paid by you, and the relevant liabilities and losses arising therefrom shall be solely borne by you. AllMyTracks Technology reserves the right to claim compensation from you for any loss caused to AllMyTracks Technology.
5．You understand and warrant that you will abide by the principle of good faith and comply with national laws and regulations when using the Membership Services. You shall not enable use the Membership Services by:
(1) Impersonating a user or otherwise accessing, logging in and using our services/products through other's account/identity in any form;
(2) Purchase of Membership Services for yourself or others through any robot software, spider software, crawler software, screen brushing software and other programs and software;
(3) Enabling the Membership Services for yourself or others by any improper means or in a way that violates the principle of good faith, including but not limited to enabling the Membership Services other than through the official normal processes, platforms or channels of AllMyTracks Technology;
(4) Providing illegal or untrue information, including but not limited to using other's information as his own;
(5) Using the products purchased from the exclusive Member section of the AllMyTracks for purposes prohibited by laws and regulations;
(6) Breaching this Agreement, the AllMyTracks User Agreement or other rules of the platform; or
(7) Other acts in violation of the principle of good faith or the laws and regulations as AllMyTracks Technology may reasonably suspect that you have committed.
You acknowledge and agree that in order to protect its own legitimate rights and interests, AllMyTracks Technology may set up an anti-fraud mechanism. If you download relevant music works frequently in a short period of time or have other suspicious behavior, it may trigger the anti-fraud mechanism of the website which will restrict you from use.
If you have any other behavior that may be identified as any of the foregoing, AllMyTracks Technology shall have the right to reject your request for enabling the Membership Services; and to the extent that such services have been enabled, AllMyTracks Technology shall have the right to unilaterally cancel your membership/premium without refunding the Membership Service fees paid by you. Also, if AllMyTracks Technology finds that you are under any circumstance set forth in Item (1) to (4) above, AllMyTracks Technology shall also be entitled to recover the membership/premium rights and interests already released to you (including revoking the license of music granted to you and holding you liable for infringement). AllMyTracks Technology reserves the right to claim compensation from you for any loss of AllMyTracks Technology arising therefrom.
6．For the music works licensed under the Membership Services, you acknowledge and agree that:
(1) All the works downloaded by you can only be used by the sole end user. If you are an individual, you can only use it for all of your own projects.If you are an enterprise who purchase"[Music & Sound Effect Business]" or other Enterprise Services ,the sole end user may be, at your own discretion, yourself, or anyone designated by you in writing through a license letter or a license agreement;If you wish to increase the number of Designated User that can use the Works, you are welcome to contact AllMyTracks Technology through the customer service email address [email@example.com] to increase the authorization.
(2) A musical works available for one download by you may be used by you only for a single item under one licensed purpose, for example, a single video on a specific platform. You can view the Description of Rights and Interests by Premium Type attached; and
(3) If you intend to use a single piece of music for multiple purposes or multiple items, you need to make corresponding number of downloads within the scope of the purchased Membership Services or contact AllMyTracks Technology for license.
7．For the music works licensed to you, you have no right to sublicense or otherwise delegate to other person for use, nor have the right to protect your rights.
8．You can submit your nameand other information to AllMyTracks Technology to apply for the corresponding license letter or license agreement. You shall ensure that the information you submit is true and correct. Once submitted, the relevant buyer information will not be changed. Please note that you are subject to the restrictions of this Section whether or not you make such application. If you do not designate a user to us in writing, then the person who uses the first works with your consent will be the sole end user of all your subsequent works by default, and you shall not provide your downloaded works to anyone else (including yourself) for use; and if you do not inform us in writing of the specific item in which you use the single download works, then the first item for which you use the works shall be deemed to be the corresponding item of the works, and you shall not use the works for any other item.
9．Please determine the specific end user and specific use items of the works in strict accordance with the relevant provisions of this Agreement, the AllMyTracks User Agreement, the License Letter and the Music License Agreement, and use the same as agreed.
10．You shall use the music works within the scope of the licensed item in strict accordance with the purpose you choose, otherwise, you shall solely bear all the adverse consequences arising therefrom. If the foregoing also causes losses to AllMyTracks Technology, AllMyTracks Technology shall have the right to require you to bear the liability for compensation, and to unilaterally terminate the agreement and the cooperation with you, permanently ban your ID, revoke the relevant license, without refunding the fees collected, and require you to bear the liquidated damages of not less than USD Two Thousand for each piece of music works.
If you register and log in through different emails and third-party platform accounts, you will have multiple accounts at the same time. You acknowledge and agree that different accounts are independent from each other; and no recharge records or permissions of an account may be transferred, migrated, assigned, gifted, sold, rented to or shared with another account, irrespective of whether such accounts are owned by the same user or not. Therefore, please be sure to check the account you use when logging in/recharging/joining for activities to avoid losses; otherwise, any losses resulted therefrom shall be solely borne by the Premium Member.
1．You acknowledge and confirm that the Membership Service fee you have paid will not be refunded if you voluntarily cancel your account, cancel your services, quit your membership/premium or terminate your qualification after you have enabled the Membership Services.
2．You acknowledge and agree that if your membership/premium is terminated by AllMyTracks Technology in accordance with the AllMyTracks User Agreement, this Agreement and relevant rules, or your account is restricted or terminated, frozen, banned or cancelled by AllMyTracks Technology in accordance with the AllMyTracks User Agreement, this Agreement and relevant rules during the Membership period, then the Membership Service fee you have paid will not be refunded, and the loss of interests you suffer (including but not limited to the loss of enjoyment of the membership/premium benefits after the restriction of use or ban) will be solely borne by you, for which we shall assume no liability for compensation or indemnification.
3．You acknowledge and confirm that the Membership Services offered by AllMyTracks Technology are inseparable. You are not entitled to request a refund of the Membership Service fee in whole or in part from AllMyTracks Technology.
1．You fully understand and agree that you must be responsible for all your use of the Membership Services, including but not limited to any content of the Membership Services you use and any consequences arising therefrom. You shall exercise your own judgment regarding the content of the Membership Services and assume all risks arising from the use of the content, including the risk of reliance on the accuracy, completeness, or usefulness of the content.
2．You shall be solely liable for any damage caused to any third party due to your breach of this Agreement, and you shall also compensate for any loss suffered by AllMyTracks Technology.
3．For Membership Services, AllMyTracks Technology makes only the following limited warranty, which is in lieu of any other express or implied warranty, if any, in any documentation, packaging, or other materials. The Company provides Membership Services only on an “as is and with all faults” basis and warrants only that:
(1) The Membership Services provided by AllMyTracks Technology can basically meet the requirements officially announced by the Company;
(2) The Membership Services provided by AllMyTracks Technology is basically in line with the service commitment officially announced by the Company;
(3) AllMyTracks Technology will endeavor to resolve any problems encountered by the Company in its provision of Membership Services to the extent commercially reasonable.
4．For the Membership Services used by you, AllMyTracks Technology makes no warranty that the services will be fit for the user’s intended use, or on the merchantability, fitness for purpose, timeliness, reliability, accuracy, completeness, virus-free and error-free nature of the products / services.
5．You understand that AllMyTracks Technology will make best efforts to ensure the security and effectiveness of the services, subject to the existing technologies and the limited service capacity of AllMyTracks Technology, and you understand that AllMyTracks Technology will not be liable for any of your direct or indirect losses caused by any obstacles, defects, delays or content changes in the performance of the contract due to the following reasons, provided that we will endeavor to reduce the loss to and impact on users:
(1) Acts of God, strike, riot, war, terrorist attacks, government actions, judicial and administrative orders and other force majeure elements;
(2) Public service factors such as telecommunications system or Internet network failures;
(3) Failure, malfunction or operating negligence of us, our partners or the software and hardware device of the telecommunication network system;
(4) Computer malfunction or virus, damage or loss of information, intrusion into our network or game system, tampering, deletion or forgery, alteration of products/services or website data by others;
(5) Failure of the software, system, hardware and communication line of the user's own equipment, or the user’s use of the services in a way other than those agreed hereunder.
6．You understand that AllMyTracks Technology needs to regularly or irregularly repair or maintain the platform providing network services or related equipment. In this case, AllMyTracks Technology shall not be liable to users or any third party for any suspension of the paid network services, provided that AllMyTracks Technology shall make advance notification as soon as possible.
7．In no event shall AllMyTracks Technology be liable for any indirect, incidental, special or punitive damages or losses, including loss of anticipated profits, loss of opportunity, damage to reputation/goodwill, suspension of trade, loss of business information, etc., arising out of your use or inability to use the services.
8．You acknowledge and agree that in no event shall the maximum compensation liability of AllMyTracks Technology to you exceed the total amount of service fees for the defaulted services, based on the principle of consistency between benefits and compensation and fairness and reasonableness.
1．You acknowledge and agree that the rights of the relevant websites, platforms, software, pictures of AllMyTracks Technology and the music works downloaded and obtained by you when using the Membership Services all belong to AllMyTracks Technology or the corresponding right holders. You shall use your Member ID and the music works you download strictly according to the specific scope of Membership Services and the specific scope of license of the music works.
2．You acknowledge and agree that AllMyTracks Technology has the right to publicize and promote the cooperation contained in this Agreement on its own website, platform and cooperation platform of AllMyTracks Technology, and use your name, trademark and logo for this purpose; and if you download and use the licensed works, you also authorize AllMyTracks Technology to display and publicize the final effects of your use/the new works generated from your use for the purpose of publicity and promotion.
1．Notices: All notices to you may be sent by email, regular mail, or by public announcement on the prominent place of the website.
2．In case of any dispute between AllMyTracks Technology and you with respect to the content or performance of this Agreement and the rules attached hereto, the parties shall try to resolve the same through friendly negotiation; and if the negotiation fails, either party may bring a lawsuit before the Court at Hong Kong.
3．Where any provision hereof becomes invalid or unenforceable in whole or in part due to any reason, or violates any applicable laws, such provision will be deemed deleted, provided that the remaining provisions hereof shall remain in full force and have binding effect.
4．The headings in this Agreement are for convenience only and shall not define, limit, construe, or describe the scope or limits of the provisions.
5．If you have any other questions related to the Membership Services, you can contact the customer service for feedback through the contact information published by AllMyTracks Technology.
6．This Agreement shall take effect as of the date of publication and shall constitute understanding between you and AllMyTracks Technology. Failure to exercise, timely exercise, or fully exercise a right under this Agreement or under laws shall not be deemed to be a waiver of such right, or affect the future exercise of such right by AllMyTracks Technology.
Attachment: Description of Rights and Interests by Premium Type
|Music & Sound Effects Premium
|Music & Sound Effects Business
|Licensed Music| Sound Effects
|Digital Platform Usage
|Social Media Channels: Facebook, Tiktok, Instagram, YouTube, Twitter, etc.
|Personal Media Only
|Online Streaming/Radio: Podcasts, Audiobooks, FM Radio, Online Programming, Live Streaming Shows, etc.
|Personal Media Only
|Educational Curricula: MOOCs, Live Online Classes, eLearning Courses, Educational Platforms, etc.
|Personal Course Use Only
|Academic Projects/Coursework: Theses, Assignments, etc.
|Personal Use Only
|Audiovisual Productions: TV Shows, Variety Programs, Films, Documentaries, Animations, Microfilms, etc.
|Personal Projects Only
|Ads/Promos: Commercials released on Internet, Mobile, TV, E-Commerce Platforms, Bricks and Mortar, etc.
|Product Integration Usage
|Software Embedding: Mini Programs, H5, Games, Apps, etc.
|Hardware Embedding: VR Wearables, Gaming Consoles, Toys, Education Devices, In-Vehicle Infotainment Systems, and other Smart Hardware, etc.
|KTV, Shopping Malls, Restaurants, Cafes, Cinemas, Bars, Annual Meetings and other Brick-and-Mortar Venues
1． “√” are within the scope of permitted use, and “×” are within the scope of prohibited use. For the avoidance of doubt, for any piece of music available for one download by you, you may only use it for a single item under a single purpose within the scope of permitted use above.
2． In case of any inconsistency between this Description of Rights and Interests by Premium Type and its version published on the official website, the latest version published on the official website shall prevail .