Terms of use for Digitrax Sound Depot

Digitrax has created Sound Depot to allow our customers to share sound projects they have written or modified with each other.  It is our hope that many people will contribute their projects to this archive to make the model railroading hobby more enjoyable for everyone.

Each person sharing and downloading sound project files through this archive agree to a creative commons attribution-noncommercial-share alike license.  This allows us all to share the files with others and to modify them as long as we attribute the files included, do not use the files for commercial purposes and agree to share any modifications under the same or similar licensing terms.  Complete licensing information about this type of license is provided below.

Digitrax Sound Definition Language is covered by US Patent 8,229,582.  All sound projects created using this format may be shared with others at no charge.  Sound projects may not be sold except under license from Digitrax, Inc.  It is OK to charge another person for downloading a sound project into a device and this will not affect the ownership of the rights in the actual sound project.

SoundFX^® _{is a registered trademark of Digitrax, Inc.}

Acceptance of Terms of Use:

Providing sound project files for use or downloading files on www.digitrax.com constitutes your consent to these terms of use. If you do not consent to these terms of use, please do not submit or use materials.

Use of files downloaded from the site:

By downloading a file or other content from the Digitrax site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.

Providing files to be shared through the website:

All sound project files shared on digitrax.com are licensed under Creative Commons License Deed as follows

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License

By providing sound project files or materials to be shared on digitrax.com, you represent and warrant to Digitrax, Inc. that:

1. Doing so does not violate or infringe anyone else’s rights.
2. You created the file or materials, or otherwise have sufficient intellectual property rights to provide the material for sharing consistent with these terms. 
3. You have given required and appropriate attribution to your contributors as part of the sound project file.
4. With regard to any file or materials you provide for sharing on digitrax.com, you grant Digitrax, Inc. a non-exclusive, royalty-free, perpetual, worldwide license to display and distribute said files or materials online and in any present or future media, to allow these files and materials to be used by third parties who download the material for non-commercial use under creative commons license.
5. Upon written request by you, Digitrax, Inc. agrees to remove your files or materials from digitrax.com.  When your files and materials are removed from the site, the license you grant to Digitrax in (4) above will automatically terminate, but will not be revoked with respect to any file or material Digitrax has already distributed to others through downloads from our site. Also, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
6. You agree to license the materials under Creative Commons Licensing as set forth here.

Disclaimer of Warranties, Limitations of Remedies, Indemnity

We strive to make digitrax.com and Digitrax Sound Depot as dependable as possible however, the sound projects provided are on an as is basis. Your use of these sound projects is at your own risk. We do not guarantee the availability of our website and/or Sound Depot at any given time. We do not guarantee the integrity of, or the continued availability of sound projects on our servers.

Digitrax, Inc. provides no warranties, express or implied, including, without limitation, implied warranties of fitness for a particular purpose and merchantability.  Notwithstanding anything else stated in these terms and conditions and irrespective of whether Digitrax, Inc. takes or does not take measures to remove inappropriate or harmful content from its site, Digitrax, Inc. has no duty to monitor any content on its site.

Digitrax does not assume responsibility for the accuracy, appropriateness or harmlessness of any content appearing on digitrax.com that is not produced by Digitrax, Inc., including but not limited to user provided content or otherwise.

You agree to indemnify and hold harmless, Digitrax, Inc. and all of its personnel from all loss, liability, claims, damages and expenses, including reasonable attorney fees, arising out of or related to your violation of these terms and conditions, your infringement of any third party’s rights and any harm caused to any third party as a result of sound project files provided by you for inclusion in the Sound Depot.

Miscellaneous

"Digitrax" or "we" refers to Digitrax, Inc., a Florida corporation, and its successors and assigns.

"You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time.

These terms are governed by Florida law.

If any part of these terms are found to be invalid, the remaining provisions will be unaffected.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of Digitrax, Inc.’s websites even after you discontinue using them.

We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted.