WarpSound Terms of Use
Effective date: February 15th, 2022
Welcome to WarpSound. Please read on to learn the rules and restrictions that govern your use of the WarpSound service (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at by email: terms@authentic-artists.ai.
These Terms of Use (the “WarpSound Terms”) are a binding contract between you and Authentic Artists Inc. (“WarpSound”). Your use of the Services in any way means that you agree to all of these WarpSound Terms, and these WarpSound Terms will remain in effect while you use the Services. These WarpSound Terms include the provisions in this document as well as those in the WarpSound Privacy Policy, which are incorporated herein by reference. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Will these WarpSound Terms ever change?
We are constantly trying to improve our Services, so these WarpSound Terms may need to change along with the Services. We reserve the right to change the WarpSound Terms at any time, but if we do, we will do our best to bring it to your attention by placing a notice on the www.WarpSound.ai website, by sending you an email, and/or by some other means.
If you don’t agree with the new WarpSound Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the WarpSound Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these WarpSound Terms will be effective unless in writing and signed by both you and us.
What are the basics of using WarpSound?
WarpSound is a platform that provides users (“Users”) with the opportunity to purchase and collect non-fungible tokens on blockchain-managed technology (“NFTs”). Each NFT created by WarpSound is called a WVRP and consists of a unique combination of a generative artwork and a generative music sample (“WVRP”).
To use the Services, you must be at least eighteen (18) years of age. You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these WarpSound Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these WarpSound Terms on that organization or entity’s behalf and bind them to these WarpSound Terms (in which case, the references to “you” and “your” in these WarpSound Terms, except for in this sentence, refer to that organization or entity).
You will also need to use a web3-enabled wallet (such as MetaMask), a wallet supporting WalletConnect, or another supported electronic wallet, which will enable you to purchase and store NFTs via the Services. You can use your electronic wallet to purchase, store and engage in transactions using the cryptocurrency Ethereum. Transactions that take place through the Services are managed and confirmed via the Ethereum blockchain network (the “Ethereum Network”). This means that NFTs and NFT transactions are outside the control of WarpSound and are subject to many risks and uncertainties. We neither own nor control the Ethereum Network, nor any other third-party site, product, or service that might access, visit, or use for the purpose of enabling you to use the various features of the Services. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damages that you may suffer as a result of your transactions or any other interaction with any such third parties. You understand that your Ethereum Network public address will be made publicly visible whenever you engage in a transaction via the Services. You understand that all transactions initiated through the Services are facilitated and run by third-party electronic wallets on the Ethereum Network, and by using the app you agree that you are governed by the terms of service and privacy policy for those applicable wallets.
What should I know about WVRP ownership and license rights?
The Services allow you to purchase and collect WVRPs. When you purchase a WVRP, you receive the NFT as a piece of property, but you do not own the underlying creative work (the “Creative Work”). Ownership of an NFT is mediated entirely by, and recorded on, the Ethereum Network. You acknowledge that the ownership of a NFT made available or purchased on the Services in accordance with these WarpSound Terms gives you the right to exchange, sell or give away your NFT, but does not allow or imply ownership of intellectual property on the brand, design, music, video, art or other media displayed in your digital asset NFT.
Each WVRP is identified by a serial number and contains the following underlying Creative Works: (i) a WarpSound virtual artist character (including the artwork and traits associated with the applicable character) (the “Character”), and (ii) a piece of music (including both the musical composition and the sound recording, as well as any audio stem files associated with that piece of music that we make available to you) (the “Music”). Subject to your continued compliance with these Terms, you are also granted a worldwide, non-exclusive, non-transferable and non-sublicenseable (except, in each case, as described in the section titled “Transferring your rights” below), royalty-free license to use, copy, display, and create derivative works of the Creative Work (“Derivatives”) for your purchased NFT for your own personal or commercial use provided that: (a) any use, modification, or derivative of a Character must substantially conform to the design, colors, attributes, and character traits of the original WVRP; (b) you may not use any WarpSound logos or any other third-party intellectual property that appear on the WVRP except as incorporated in the Creative Works; (c) if you use any part of a WVRP’s Music for any commercial purpose, you will use commercially reasonable efforts to provide attribution to WarpSound by identifying the applicable WVRP serial number in substantially the following form: “Contains a sample of WVRP #1234 by WarpSound”; and (d) you hereby grant to WarpSound a non-exclusive, perpetual, irrevocable, worldwide, and transferable license to use, perform, display, distribute, modify, translate, copy, and otherwise exploit any Derivatives for WarpSound and its affiliates’ promotional and marketing purposes. Except as expressly set forth in this paragraph, you do not have any right to use any WarpSound or other third-party intellectual property rights (including but not limited to any artwork, music, logos, names, or trademarks).
You also agree that you may not, nor permit any third party to do or attempt to do any of the following without the prior express prior written consent of WarpSound in each case: (a) mutilate, or perform any material distortion or modification to the Character for your WVRP, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use any part of the Creative Work for your purchased NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (c) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to any part of the Creative Work for your purchased NFT; or (d) falsify, misrepresent, or conceal the authorship of the Creative Work for your purchased NFT.
From time-to-time WarpSound may, at its sole discretion, distribute additional NFTs directly to the wallet addresses of holders of WVRPS (the “Airdrop NFTs”). Unless otherwise specified in the Description section of the metadata of an Airdrop NFT itself, all Airdrop NFTs shall be governed by the same terms and conditions as a WVRP NFT, including the ownership and license rights to the underlying Creative Work, as outlined in these Terms of Use.
Transferring your rights
The license granted to you above is not assignable or transferable except in connection with your sale or other transfer of ownership of an NFT owned by you (including by trade, donation, gift, or otherwise). You acknowledge and agree that upon any such sale, the license to the underlying Creative Works for the applicable NFT shall be automatically transferred by operation of law and these WarpSound Terms to the person or entity to whom you convey ownership of the applicable NFT. While you own the NFT, you may sublicense your rights under the license set forth above to third parties, provided that (i) upon any change in ownership of such NFT, you provide written notice of all such sublicenses to the new owner, and (ii) such sublicenses are terminable by the new owner in its sole discretion. Following termination of a sublicense, physical embodiments of the Character lawfully made under such sublicenses, such as merchandise in inventory, may continue to be distributed as provided under the U.S. Copyright Act.
Are there restrictions in how I can use the Services?
You are responsible for your conduct while accessing or using the Services, and for any consequences thereof. You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as defined below) or Feedback, to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including WarpSound);
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
manipulates the price of a NFT in any way, including bidding on your own items, preventing bidding, or using WarpSound to conceal economic activity; or
violates any law or regulation, furthers or promotes any unlawful activity or enterprise, or provides instructional information about illegal activities, including for the purpose of concealing economic activity or laundering money.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. If we reasonably believe that you are engaged in any of the foregoing prohibited activities, in addition to our right to immediately suspend or terminate your access to the Services, we also reserve the right, in our sole discretion, without notice or liability to you, to take any or all of the following actions: (1) to deem any transaction that took place via or as the result of such activities to be void, and/or (2) immediately confiscate any NFTs that were purchased or acquired as the result of such activities.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned or properly licensed by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including WarpSound’s) rights.
Subject to these WarpSound Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that WarpSound owns the WarpSound Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
What about anything I contribute to the Services – do I have to grant any licenses to WarpSound or to other users?
From time to time, you may submit comments, bug reports, ideas or other feedback about the Services (collectively, “Feedback”). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. By submitting Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties. You are responsible for all Feedback you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
Who is responsible for the Services?
The Services may contain links or connections to third-party websites or services that are not owned or controlled by WarpSound. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that WarpSound is not responsible for such risks.
WarpSound has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, WarpSound will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
If there is a dispute between participants on the Services, or between Users and any third party, you agree that WarpSound is under no obligation to become involved. Notwithstanding the foregoing, if there is a dispute between and/or among Users on the Services, WarpSound has the right to (but is nonetheless not obligated to) mediate such disputes in its sole discretion, and you acknowledge and agree that any resolution arising therefrom will be binding on you. Further, in the event that you have a dispute with one or more other users, you release, indemnify and hold harmless WarpSound, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
What fees and payments are charged for the transactions on WarpSound?
The Services are currently free to use. You may choose to purchase NFTs through the Services. Any payments or financial transactions that you engage in via the Services, including for the purchase of NFTs, will be conducted solely through the Ethereum Network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Services, or any other payment or transactions that you conduct via the Ethereum Network. There are no refunds for any purchases that you might make on or through the Services, including for any NFT purchases.
The Services may show certain pricing data that has been loaded and collected from the Ethereum Network. We are not liable for any incorrect information or typographical errors of any kind, including any incorrect information that is due to a coding error, blockchain code errors or due to a data outage. It is your duty and obligation to confirm any and all pricing data on your own and base any decisions you make on your own information and data. Any calculations that are displayed on the Services are for information purposes only. These calculations are in no way predictions of value and you agree that you will not construe these calculations as predictions of future prices or values in any way or that we are giving you any advice on what to purchase or not to purchase. All such decisions are made in your sole discretion without reliance on any information provided on the Services.
Transactions on the Ethereum Network also require the payment of a transaction fee (each, a “Gas Fee”), which fund the network of computers that run the decentralized Ethereum Network. If you choose to purchase NFTs through the Services, you acknowledge and understand that you will need to pay a Gas Fee for each transaction, and you will be solely responsible to pay any Gas Fee for any transaction that you engage in via the Services.
You will also solely be responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the Services or purchase of NFTs. Except for taxes on our net income, you: (1) will pay all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local, or any other taxing jurisdiction; and (2) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made pursuant to these WarpSound Terms.
What if I want to stop using the Services?
You’re free to do that at any time by contacting us at terms@authentic-artists.ai; please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using the Services. If you decide to stop using the Services, you will not receive any refunds for any purchases that you might make on or through the Services – whether for NFTs, or anything else.
WarpSound is also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these WarpSound Terms. WarpSound has the sole right to decide whether you are in violation of any of the restrictions set forth in these WarpSound Terms.
Provisions that, by their nature, should survive termination of these WarpSound Terms shall survive termination.
What else do I need to know?
Warranty Disclaimers
Neither WarpSound nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services (including any NFTs), and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or anything, including NFTs, offered or purchased through the Services. NFTs purchased or offered through the Services are provided “AS IS” and without any warranty of any kind from WarpSound or others. THE SERVICES AND CONTENT ARE PROVIDED BY WarpSound (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In addition to the warranty disclaimers set forth above, you further acknowledge and agree that we will not be responsible or liable to you for any losses you incur as a result of your use of the Ethereum Network or your electronic wallet, including but not limited to any losses, damages, or claims arising from: (1) user error, such as incorrectly construed smart contracts or other transactions, (2) server failure or data loss, (3) corrupted wallet files, or (4) unauthorized access or activities by third parties, including but not limited to the use of viruses or other means of attack against the Services, the Ethereum Network or any electronic wallet.
YOU ACKNOWLEDGE AND AGREE THAT NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM NETWORK, AND WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR ANY ELECTRONIC WALLET.
Assumption of Risk
(1) The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your purchased NFTs, which may also be subject to significant price volatility. Each purchased NFT has no inherent or intrinsic value. The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFT should the market for that NFT disappear. We cannot guarantee that any NFTs purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Services may materially impact the value and desirability of any particular NFT.
(2) Users who purchase NFTs are responsible for determining what, if any, taxes apply to NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Services.
(3) We do not store, send, or receive NFTs. NFTs exist only by virtue of the ownership record maintained on the supporting blockchain in the Ethereum Network. Any transfer of NFTs occurs within the supporting blockchain in the Ethereum Network. Transactions in NFTs may be irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
(4) There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum Network, however caused. The nature of NFTs may lead to an increased risk of fraud or cyberattack, and may mean that technological difficulties may prevent the access to or use of your digital assets.
(5) The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services and WarpSound ecosystem, and therefore the potential utility or value of your NFTs. NFTs are not legal tender and are not backed by the government.
(6) Upgrades to the Ethereum Network, a hard fork in the Ethereum Network, or a change in how transactions are confirmed on the Ethereum Network may have unintended, adverse effects on all blockchains using the Ethereum Network’s NFT standard, including the Services.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use the Services at your own risk; and you agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WarpSound (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100 (OR, IF GREATER, THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID TO US UNDER THESE WarpSound TERMS IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE), OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold WarpSound, and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your credentials), and (b) your violation of these WarpSound Terms.
Assignment
You may not assign, delegate or transfer these WarpSound Terms or your rights or obligations hereunder, or your Services credentials, in any way (by operation of law or otherwise) without WarpSound’s prior written consent. We may transfer, assign, or delegate these WarpSound Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These WarpSound Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Southern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WarpSound ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these WarpSound Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these WarpSound Terms shall otherwise remain in full force and effect and enforceable. You and WarpSound agree that these WarpSound Terms are the complete and exclusive statement of the mutual understanding between you and WarpSound, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these WarpSound Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of WarpSound, and you do not have any authority of any kind to bind WarpSound in any respect whatsoever. You and WarpSound agree there are no third-party beneficiaries intended under these WarpSound Terms.