Terms and conditions
The Terms apply to all visitors to and users of the Services, including unregistered and registered users, members and paying subscribers (individually "User" and collectively, "Users"). Certain additional terms apply to paying subscribers; these are set out in Part 2 below. By visiting or using the Services you are agreeing to abide by the Terms.
FMA may alter the Terms at any time and the changes will become effective 14 days after posting the revised Terms on the Site (the "Effective Date"). You can review the most current version of the Terms at any time at on this page. You should check the Site periodically for changes. Your continued use of the Services after the Effective Date indicates your acceptance of the new Terms.
Additional terms ("Additional Terms") may be posted on a particular Service that will also apply to use of such Service. The Additional Terms will be incorporated into the Terms. Sonic may also offer certain Services that are governed by different terms of service. Such terms of service will be posted on the Site and will govern the use of such Service.
2. The Services
2.1. Changes and withdrawal
Our Services aim to provide Users with access to a wide array of online music and creative resources. Some Services are currently provided free of charge. Other Services require payment. FMA reserves the right to change or to withdraw temporarily or permanently the Services at any time without notice. You agree that FMA will not be liable to you or any third party for any change to or withdrawal of the Services.
FMA endeavours to make your experience of the Site enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither FMA nor our third-party service providers assume responsibility for the deletion, non-delivery or failure to store any data or communications. Please refer to Section 6 below for full details of our liabilities to you.
2.3. User Content
You are solely responsible for all User Content (as defined below) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: e-mails or other messages; other forms of communication through the Services; personal User information; board posts; reviews; blogs, data, notes and testimonials; images; audio or video files; and software. You agree to Post only User Content which you own, have created, or which you have permission to Post. You acknowledge and agree that FMA does not endorse User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libellous, abusive, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that FMA does not pre-screen User Content and has no obligation to do so. FMA reserves the right (but is not obliged) in its sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Services.
2.4. Third-Party Services
The Services may provide links to other sites, services, products, applications or content offered by or through FMA’s third-party providers, including but not limited to advertisers, content and e-commerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. FMA does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof. FMA does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
3.1. Accurate Personal Information
You agree to provide accurate and current personal information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to keep the Registration Data up-to-date.
3.2. Protect Your Password
When you register, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account. You are also fully responsible for all activities that occur under your password or account. In the event of any unauthorised use of your password or account or any other breach of security, you must notify FMA immediately and promptly change your password. Please visit these links for instructions on how to change your password or to contact FMA.
3.3. Respect the Law
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright or other intellectual property rights of others.
3.4. Permitted Use
The content included in the Services, including all website design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by Sonic and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form and any modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of FMA.
3.5. Prohibited Use
You agree not engage in any of the following activities:
- 3.5.1. use any automated means to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User;
- 3.5.2. breach the security or authentication measures on the Services;
- 3.5.3. seek any information on any other User of the Services, including any Sonic account not owned by you;
- 3.5.4. exploit the Services in any way where the purpose is to reveal any information, other than your own information as provided for by the Services;
- 3.5.5. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services;
- 3.5.6. use any device, software or routine to interfere or attempt to interfere with the proper working or authorised uses of the Services or with any other person's use of the Services;
- 3.5.7. attempt to disguise the origin of any message transmittal you send on or through the Services; and
- 3.5.8. impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
4. Online Communities
4.1. Online Communities
By using and/or registering for the community boards, user pages and blogs (“FMA blogs”) or other forums for posting User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example only, you agree that when using the User Tools, you will not:
- 4.1.1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- 4.1.2. post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful Content or communications;
- 4.1.3. post User Content that contains software or other material protected by intellectual property rights or other laws unless you own or control the rights in such User Content or have received all necessary consents to post it;
- 4.1.4. post User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- 4.1.5. advertise or offer to sell any goods or services for any commercial purpose;
- 4.1.6. restrict or inhibit any other User from using and enjoying any public area of the Services; or
- 4.1.7. falsify or remove any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
If you choose to use language, such as a user name that, in FMA’s sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language, including your user name or game name.
4.2. User Tools
FMA and its affiliates reserve the right to immediately terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.
FMA and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. FMA and its affiliates reserve the right to edit or remove the User Content or communications and to disclose any information or take any action as necessary to satisfy any applicable laws or governmental request.
User Content or communications posted using the User Tools are public communications which others may read without your knowledge or consent. You should not have any privacy expectations in relation to communications made through the User Tools. Please exercise caution when posting personal information, especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. FMA is not responsible for its theft, copying or placement of that User Content on other media or networks. FMA and its affiliates do not control or endorse the User Content, communications or information posted in any community. FMA and its affiliates disclaim any liability with regard to the User Tools and the User Content therein and any actions resulting from your participation or the participation of others using the User Tools. Views expressed on the Site do not necessarily reflect those of FMA and its affiliates.
Any material or third-party software downloaded through or for the use of the Services is done at your own risk. FMA will not be responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third-party service providers will create any warranty not expressly stated.
6. Rights You Grant to FMA
6.1. User Content
By submitting any User Content to the Services (excluding any User Content you submit on FMA Blogs), you hereby irrevocably grant to FMA, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable licence, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services such User Content and to incorporate the User Content into other works in any format or medium. The foregoing licence shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of FMA Blogs, you grant FMA the licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to FMA and its affiliates is provided without any entitlement to payment of any kind.
6.2. Access to Your Account
In order to provide high-quality services to you, FMA’s representatives may require access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Services.
The Services are not directed to children under the age of 16. FMA will not knowingly collect personally identifiable information on or through the Services from anyone under 16. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children.
8. Other Legal Stuff
8.1. Disclaimer of Warranties
You understand and accept that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FMA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "FMA PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FMA PARTIES MAKE NO WARRANTY THAT: THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST; AND ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY FMA PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE FMA PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the Terms, then this Disclaimer of Warranties will override it.
8.2 Limitation of Liability
YOU AGREE THAT THE FMA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FMA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY FMA PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE FMA PARTIES SHALL IN NO EVENT EXCEED THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FMA.
You agree to protect and fully compensate the FMA Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable legal fees) arising from your use of the Services, or violation of the Terms by you or any other user of your account.
8.4. Copyright Infringement
If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide FMA with the following information:
- 8.4.1. a signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property right;
- 8.4.2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- 8.4.3. a description of where the material that you claim is infringing is located on the Site;
- 8.4.4. your address, telephone number and e-mail address;
- 8.4.5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner or the law; and
- 8.4.6. a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
FMA’s rights under the Terms may not be waived unless FMA agrees to such change in writing. The Terms and your account on the Services are personal to you and may not be transferred or assigned. The Terms are governed by Northern Irish law and you hereby consent to the exclusive jurisdiction of the Northern Irish courts in all disputes arising out of or relating to the Services. Use of the Services is not permitted in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 8. FMA’s performance of the Terms is subject to existing laws.
A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the Terms shall be written in English.
FMA may give you notice of certain events from time to time and may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through e-mail, if you have provided FMA with your accurate e-mail address.
10. Course Resources
Each course on FMA Academy has accompanying course resources available for download. The access to their resources are available either by purchasing the course outright, or via a video tutorial subscription. The following applies to all course resources.
The audio samples, drums sounds and audio loops contained within each resource pack and course download are royalty free unless otherwise stated.
Vocals and their melodies are fully copyrighted and are not permitted for use within a commercial release The melodies contained within each course project file are fully copyrighted and cannot be used for any commercial release.
Subscription Terms of Service
Certain Services provided by FMA require registration and payment (the "Subscription Services"). The terms and conditions contained in this Part 2 (the "Subscriber Terms") apply to each subscriber to a Subscription Service. THE SUBSCRIBER TERMS ARE IN ADDITION TO THE TERMS AND CONDITIONS SET OUT IN THE TERMS ABOVE WHICH APPLY IN THEIR ENTIRETY TO EACH SUBSCRIBER. PLEASE READ THE TERMS, INCLUDING THE SUBSCRIBER TERMS, CAREFULLY PRIOR TO COMPLETING YOUR REGISTRATION FOR A SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SUBSCRIPTION SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SUBSCRIBER TERMS AS WELL AS ALL OTHER PROVISIONS OF THE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THE TERMS (INCLUDING THE SUBSCRIBER TERMS), YOU MUST NOT REGISTER FOR THE SUBSCRIPTION SERVICES. Email our customer service department if you have questions about your FMA subscription. Please include your name and username in all correspondence.
1. Payment and Credit-Card Authorisation
You are responsible for paying any and all charges relating to your Subscription Service account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant FMA permission to charge your credit card (or other approved facility) to pay for all such charges. The subscription fee will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription including Refund Policy
You grant FMA permission to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by cancelling on your own or by emailing our customer service department. FMA will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are non-refundable, except in cases of demonstrated fraud, which will be determined at FMA’s sole discretion. You acknowledge that cancelling your subscription will not immediately terminate access to the Subscription Services. Your subscription will remain open until the paid period expires. You acknowledge and agree that the authorisation to charge your credit card or other payment mechanism for the Subscription Services shall automatically transfer to any successors or assigns of the Subscription Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit-card holder who is) to subscribe for Subscription Services.
Payment must be made by a major credit card accepted by FMA, cheque, or PayPal. If FMA does not receive payment from the credit-card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Subscription Service, and you must refer to that agreement and not the Terms to determine your rights and liabilities as a cardholder.
YOU, AND NOT FMA, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORISED BY YOU.
FMA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY FMA, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT FMA. FMA MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may cancel your Subscription Service. However, cancelling will not immediately terminate access to your Subscription Service account and FMA will not refund the remaining portion of your subscription. The subscription will remain open until the paid period expires.
YOUR CONTINUED USE OF THE SUBSCRIPTION SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. FMA IS NOT RESPONSIBLE FOR FAILURE TO CANCEL YOUR SUBCRIPTION EITHER IN WRITING BY E-MAIL, FAX, OR LETTER ON OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE THAT FMA SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO FMA WITHIN 60 DAYS OF THEIR OCCURANCE.
No refunds will be made, except in demonstrated cases of credit-card fraud (as determined by FMA at its sole discretion) or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund FMA incurs administrative costs, and that the fees below are a fair and accurate assessment of these costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit-card fraud) are subject to a "restocking" fee (which also applies to digital products), currently as follows:
3. Termination of Your Subscription
You acknowledge that FMA, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Subscription Service for a number of reasons, including, without limitation, if FMA believes that you have violated or acted inconsistently with the Terms or any other agreement referred to in the Terms. FMA may also, in its sole discretion, at any time, discontinue providing the Subscription Service, or any part thereof, with or without notice. You agree that any termination of your access to the Subscription Service under any provision of the Terms may be effected without prior notice, and acknowledge and agree that FMA may immediately deactivate or delete your account and/or bar any further access to the Subscription Service. If your account is terminated by FMA, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that FMA shall not be liable to you or any third party for termination of your access to the Subscription Service.
YOU AGREE AND ACKNOWLEDGE THAT FMA SHALL NOT BE REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS BEYOND THE 60th DAY OF THEIR OCCURANCE.
4. Trial Memberships
FMA may occasionally offer promotional trial memberships to its Subscription Services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Subscription Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Subscription Service at the standard Subscription Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel.
5. Subscriber Information
You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Subscription Service registration process. You must promptly inform FMA of any of the following: changes in the expiration date of any credit card used in connection with the Subscription Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorised disclosure or use of an ID or password. You agree to notify FMA immediately upon learning of any potential breach of your Subscription Service account.
6. Use Restriction
The material on the Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. FMA invests a substantial amount of time, effort and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any information, content or materials from the Services, without the express written permission of FMA. You agree that if you do so, FMA reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information will be prosecuted to the fullest extent of the law.
Company Registration Details:
Future Media Academy