Terms of Service

These Terms of Service ("Terms") govern your access to and use of soundsbydriver.com (the "Site"), the Sounds by Driver music and audio project operated by D2X Enterprises LLC, a Pennsylvania limited liability company ("D2X," "we," "us," or "our"). Please read these Terms carefully. By accessing or using the Site, you agree to be bound by these Terms.

Acceptance of Terms

By accessing, browsing, or otherwise using the Site, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you submit a message through our contact form, you affirmatively accept these Terms by submitting the form. If you do not agree to these Terms, you must not use the Site. Your continued use of the Site after any update to these Terms constitutes acceptance of the updated Terms.

Use of the Site

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Without limiting the foregoing, you agree that you will not:

• Access, scrape, harvest, copy, or index the Site or its content using any automated means, bot, spider, crawler, or scraper, except for well-behaved indexing by general-purpose search engines that respect our robots directives;
• Use any content from the Site — including audio, music, cover art, images, or text — to train, fine-tune, evaluate, or otherwise develop any artificial intelligence or machine-learning model without our prior written permission;
• Reproduce, distribute, publicly perform, broadcast, or create derivative works from any music or audio on the Site, except as expressly permitted by the streaming platforms on which it is officially released;
• Interfere with or disrupt the Site or its servers, including by introducing viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to any portion of the Site or connected systems; or
• Use the Site in any manner that violates any applicable law or regulation.

Intellectual Property

All content on the Site — including music, audio recordings, lyrics, cover art, graphics, logos, images, text, and the selection, coordination, and arrangement thereof — is owned by D2X Enterprises LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The "Sounds by Driver" and "D2X Enterprises" names and logos are trademarks of D2X Enterprises LLC.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial use. No other rights are granted to you, expressly or by implication. Any other use requires our prior written permission.

Music and Streaming Links

The Site links out to and embeds music hosted on third-party platforms, including SoundCloud, Spotify, Amazon Music, and YouTube. Playback, downloads, and any purchases occur on those platforms and are governed solely by their terms and policies. We are not responsible for the availability, content, or practices of those platforms.

User Submissions

When you submit information through our contact form, you represent that the information is accurate and that you have the right to provide it. We use it to respond to your message, as described in our Privacy Policy. If you submit any feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose, without obligation to you, and without publishing your name without your consent.

Third-Party Services and Links

The Site uses third-party services, including Cloudflare (content delivery, security, and Turnstile bot verification), Resend (transactional email), Google Analytics (traffic measurement), and YouTube (embedded player). Each operates under its own terms and privacy policy, which we encourage you to review. The Site may also contain links to other third-party websites; we are not responsible for the content, terms, privacy practices, or availability of any third-party site.

Disclaimer of Warranties

THE SITE AND ALL CONTENT AND MATERIALS AVAILABLE ON OR THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, D2X DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. D2X DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL D2X ENTERPRISES LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE, EVEN IF D2X HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. D2X'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). Some jurisdictions do not allow certain limitations; to that extent, the foregoing applies to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless D2X Enterprises LLC and its members, managers, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your use of or access to the Site; (ii) your violation of these Terms; (iii) your violation of any third-party right, including any intellectual property or privacy right; or (iv) any content or information you submit to the Site.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. Any action or proceeding must be brought exclusively in the state courts of Berks County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania, and you irrevocably consent to the personal jurisdiction and venue of those courts.

Severability and Entire Agreement

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and D2X Enterprises LLC concerning your use of the Site.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the Effective Date at the top of this page and post the updated Terms on the Site. Your continued use of the Site after the updated Terms are posted constitutes acceptance. If you do not agree, you must stop using the Site.

Contact Us

If you have questions about these Terms, contact us at [email protected] or through our contact form.