Terms of Service

Last Updated: March 1, 2025

1. Acceptance of Terms

By accessing or using the website and services operated by Obscura Sound ("Company", "we", "us", or "our"), including but not limited to the marketplace, seller tools, and related features (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use the Service.

You represent that you are at least 18 years old and legally capable of entering into a binding agreement.

2. Description of Service

The Service provides an online marketplace where users may upload, buy, sell, distribute, and download digital audio capture files and related digital products.

We act as a platform provider. We do not create, endorse, guarantee, or verify user-generated content unless explicitly stated.

3. User Accounts

To access certain features, you must create an account.

You agree to:

• Provide accurate and complete information
• Maintain the security of your login credentials
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Seller Responsibilities

If you register as a seller:

• You represent that you own or have the legal right to distribute the content you upload.
• You agree not to upload content that infringes intellectual property rights.
• You are solely responsible for the accuracy of product descriptions.
• You are responsible for taxes, reporting obligations, and compliance with local laws.

We may remove listings at our discretion if they violate policies or laws.

5. Purchases and Payments

All purchases are final unless otherwise required by law.

Digital products are delivered electronically. By completing a purchase, you acknowledge that delivery begins immediately and may waive certain statutory withdrawal rights where permitted.

We may use third-party payment processors. We are not responsible for payment processor errors or interruptions.

6. Intellectual Property

6.1 Platform IP

All website design, branding, logos, software, and content created by the Company are owned by the Company and protected by intellectual property laws.

You may not copy, modify, distribute, reverse engineer, or exploit any part of the platform without written permission.

6.2 User Content

You retain ownership of content you upload.

However, by uploading content, you grant the Company a worldwide, non-exclusive, royalty-free license to host, display, distribute, and promote such content within the Service.

7. Prohibited Conduct

You agree not to:

• Violate any law or regulation
• Infringe intellectual property rights
• Upload malicious software
• Attempt to gain unauthorized access to the Service
• Interfere with platform functionality
• Misrepresent products or impersonate others

We may suspend or permanently ban users engaging in prohibited conduct.

8. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE."

We do not guarantee:

• That the Service will be uninterrupted or error-free
• That files are free of defects
• That products will meet your expectations

All transactions between buyers and sellers are at their own risk.

9. Limitation of Liability

To the maximum extent permitted by law:

The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability shall not exceed the total amount paid by you to the Company in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, liabilities, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your infringement of third-party rights

11. Termination

We may suspend or terminate your account at any time if you violate these Terms.

Upon termination:

• Access to purchased digital products may be revoked
• Listings may be removed

Certain provisions (IP, limitation of liability, indemnification) survive termination.

12. Modifications to Terms

We reserve the right to modify these Terms at any time.

Continued use of the Service after updates constitutes acceptance of revised Terms.

13. Governing Law

These Terms shall be governed by the laws of South Korea, without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the courts located in South Korea.

14. Contact Information

For questions regarding these Terms:

Obscura Sound
Email: hello@obscura-sound.com