Terms & Conditions
Effective Date: May 11, 2012
Last Update: Oct 16, 2023
TERMS & CONDITIONS
OVERVIEW
Any person, entity or user (“User”, ''you'') visiting, using or otherwise accessing this website https://www.audentity-rec.com (the “Site”, the ''Service'', the ''Website'') ( including, without limitation, all their subpages or otherwise) or any of the products and information contained in the website agrees to and is bound by the following terms and conditions (“Agreement”).
The collection, use and sharing of your personal data is subject to our Privacy Policy (which includes our Cookie Policy) and updates and can be found at https://www.audentity-rec.com/pages/cookie-policy
The use of any of our products is subject to our License Agreement and can be found at: https://www.audentity-rec.com/pages/f-a-q
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, ''Terms & Conditions'' “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
This site, together with all products (included, but not limited to all intellectual property rights, all copyrights), data and other materials contained in the Site is controlled or owned by Miracle Sound B.V., The Netherlands.
Any reference to the words ''licensor'', "our”, "us”, "we” or "Audentity Records”, refer to Miracle Sound B.V. as a company.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates, modifications and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes and and you waive any right you may have to receive notice of these changes or modifications from us.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service or to refuse to send any products to you or to anyone for any reason at any time. We reserve the right to cancel or terminate your account and access to the Service at any time we feel this is necessary.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site or all infomation in our products is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or our products sold on other stores is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Legal Downloads
We only sell LEGAL downloads here. You will receive full licenses and legal rights to use the content you buy from us.
Buying Downloads
The "Downloads" we sell are "Products" in digital format that are transferred from Dropbox to your computer. These Products are compressed into ZIP/RAR files (made smaller using compression software) to enable faster downloading. You will be able to use the Product as if you had installed it from a CD-ROM or DVD-ROM. It only takes 1-2 minute to decompress a Product, and happily, both Windows and Mac OSX have options to do so within their platforms. So, there is no need to pay for additional software. If you are still unsure about how to decompress our products, then please contact us for assistance.
Download Times
We display an indication of how long a Product takes to download on our website. You can find this under the "Download Time" section of the Product pages.
Download Links
After you have paid for your Products you will receive an email containing your Download links. When you click these links it will send you back to our site where you can download your Product(s) instantly. Download Links are valid for 1 month. IP Addresses are tracked for security purposes.
Download Tracking
We have implemented an advanced system which tracks the amount of times you try to download a Product from our server. We can even see if a product has been fully or partially downloaded to your computer. If you do not receive your links by email then please contact us immediately by emailing info@audentity-rec.com.
Intellectual Property Rights
All Products, MP3 Demos, Materials, Artwork, Graphics, Text, Interfaces, Logos, Images and Photographs on this website are owned or licensed to Audentity records and protected by copyright and intellectual property rights laws. We sell Products from third-party manufacturers and the right to sell these Products (and to display their product information and materials) has been obtained from the relevant manufacturers.
Account Registration
Account Registration is optional. If you choose to register with us then you will be required to provide your name, email address and payment details.
You agree that our system on Shopify automatically may send you a customer account confirmation to your emailadress.
It is essential that you provide a correct billing address. We cannot be held accountable if you do not receive your Download links due to you submitting an incorrect email address. If you do not receive your download links within 2 hours then please contact us.
To register with the Site, you must agree to these TERMS & CONDITIONS, also you agree to our Privacy & Cookie Policy: https://www.audentity-rec.com/pages/cookie-policy , keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. You are responsible for anything that happens through your account unless you close it or report misuse. Any personal information provided by you will be treated with appropriate care and security in accordance with our Privacy Policy.
Payment
Payment will be taken from the Credit or Debit Card (or through PayPal) that you have provided when you register. You will not receive any download links until full payment is received.
Privacy
By using Audentity-rec.com, you consent to the terms of our Privacy Policy (Which you can read on our Check Out pages or below our mainpage.
Technical Issues
You are responsible for making sure your internet connection is fast enough to download the products you order and that your PC or MAC can de-compress ZIP/RAR files. However, we will be happy to provide assistance. Please contact info@audentity-rec.com if you have any questions.
Restrictions
You may not give out your password to a third party. You are solely responsible for the use or misuse of your customer account. The license agreement you obtain when you purchase a product from this website can only be used by you. In other words, your product licenses and/or customer account details cannot be sold, transferred, rented or used by any third-party. You are not permitted to make copies of the Products you've purchased with the intention to give, sell, loan, broadcast, send or transmit products to friends and family or anyone else, as these acts breach international copyright laws.
You may not upload the Products you purchase to file-sharing sites, torrent sites, Peer-2-Peer sites, Crack or Warez sites. We reserve the right to share your details with any sample pack label or manufacturer which holds copyright for a product which you have illegally shared. You may not resell the sample packs or sounds you buy from this website to any third party, as the license for these products is non-transferable. Some music software products include a license which can be transferred. Please check the terms and conditions of the license included with the software for further details, or contact us at info@audentity-rec.com if you wish to clarify the terms of a software license agreement.
Account Termination
You can terminate your account at any time. Simply send an email to info@audentity-rec.com requesting termination of your user account.
Exclusions
We will do everything in our power to ensure that this website is operational 24 hours a day, 365 days a year. However, we make no guarantees about the availability of our service. We shall have no liability for your Products once the Product is transferred to you. It is your responsibility to backup the Products you buy from us. We will offer you a free copy of your download links in the future, though, should you have a hard drive problem, for example.
However, we will only be able to re-send you links for products which are currently available at that moment in time. If your purchase history includes products we no longer sell, we will be unable to re-send you these links. Moreover, we will only be able to send you your purchase history on a one-off basis, for security reasons. Please contact info@audentity-rec.com if you require further information.
Limitation
We exclude all liability and responsibility for any loss incurred by you or a third party in connection with this website or the Service we offer, including but not limited to loss or damage due to viruses that effect computer equipment, software, data or other storage devices on account of your access to, use of, or browsing this website or your purchasing and downloading of materials and Products from this site.
Governing Law
The laws of The Netherlands govern these Terms and Conditions. Your use of this website may also be subject to other local, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us relating in any way to your use of the Service shall reside in the courts of The Netherlands.
Miscellaneous
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Our failure to enforce any provision in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect.
Errors/Omissions
Whilst we endeavour to ensure that the information provided on this website is complete and correct, we do not warrant the accuracy and completeness of the Content. Furthermore, we reserve the right to make changes to the Content, or to the Products and prices described, at any time and without notice.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us, we reserve the right to fullfill any order you place with us (for example if your creditcard seems to be blocked or seems to be invalid or in case of fraud).
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please check this page: https://www.audentity-rec.com/pages/cookie-policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by us. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Audentity Records or any other parties through User’s use of the Site or services provided via the Site. We reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
TO THE FULLEST EXTENT PERMITTED BY LAW, MIRACLE SOUND B.V. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, THAT ANY OF THOSE ISSUES WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND YOU AGREE THAT MIRACLE SOUND B.V. WILL NOT BE LIABLE FOR ANY HARM CAUSED BY ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS FROM USE OF THE SERVICE.
THE USE OF THE SERVICE, ANY CONTENT THAT IS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OUR PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS TIHS SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICE MAY BE SUBJECT TO DELAYS, ERRORS, CANCELLATIONS AND OTHER DISRUPTIONS. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF.
YOU ACKNOWLEDGE AND AGREE THAT MIRACLE SOUND B.V. IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD MIRACLE SOUND B.V. LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SERVICE PROVIDERS, OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL MIRACLE SOUND B.V., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE OR DOWNLOADED OR BOUGHT ANYWHERE ELSE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY DATA OR SECURITY BREACH OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.
SECTION 14 - LIMITATION OF LIABILITY & INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MIRACLE SOUND B.V. AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, DISTRIBUTORS, CHANNEL PARTNERS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY OR ARISING OUT OF THE USE OF ANY OF OUR PRODUCT(S) OR THE LICENSE AGREEMENT OR IN CONNECTION WITH THE AUDENTITY RECORDS WEBSITE OR OTHERWISE (LINK OF THE LICENSE AGREEMENT IS ABOVE THIS PAGE) OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
MIRACLE SOUND B.V. CANNOT BE HELD RESPONSIBLE FOR DAMAGE TO ANY EQUIPMENT, HARDWARE OR SOFTWARE ARISING FROM THE USE OF ANY SOUNDS OR ANY TYPE OF DATA FILES DOWNLOADED FROM THE AUDENTITY RECORDS WEBSITE. MIRACLE SOUND B.V. CANNOT BE HELD RESPONSIBLE FOR ANY SUCH INJURY OR DAMAGE RESULTING FROM SOUNDS DOWNLOADED FROM THE AUDENTITY RECORDS WEBSITE. PLAYING SOUNDS AT EXCESSIVE VOLUMES COULD CAUSE DAMAGE TO YOUR EARS. WHILST WE MAKE ALL POSSIBLE EFFORTS TO ENSURE ALL OUR FILES ARE VIRUS FREE, WE RECOMMEND THAT CUSTOMERS ACTIVATE A VIRUS SCAN ON FILES DOWNLOADED ONTO THEIR COMPUTERS. WE ALSO RECOMMEND THAT YOU KEEP A BACKUP COPY OF YOUR HARD DRIVE CONTENTS AT ALL TIMES.
TO THE FULLEST EXTEND PERMITTED BY LAW, IN NO EVENT WILL MIRACLE SOUND B.V., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, DISTRIBUTORS, SHAREHOLDERS, CHANNEL PARTNERS, STORES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, BUSINESS INTERRUPTION, ANY KIND OF INTANGIBLE LOSS, LOSS OF BUSINESS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, FUTURE LOSS OF PROFIT OR REVENUE, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER) ARISING OUT OF OR RELATING TO (A) YOUR ACCESS TO OR USE OF OF THE SERVICE OR ANY MATERIALS OR YOUR INABILITY TO ACCESS OR USE OF THE SERVICE OR ANY MATERIALS OR USE OF CONTENT OR USE OF THE PURCHASED PRODUCT(S) ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, ANY OTHER LEGAL THEORY OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PURCHASED PRODUCT(S) (BOUGHT HERE ON THE WEBSITE OR ANY OTHER STORE) INCLUDING, BUT NOT LIMITED TO, ANY ERRORS, DEFECTS, INACCURACIES OR OMISSIONS IN THE CONTENT OR THE SERVICE, PROBLEMATIC CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE OR VIA DIGITAL STORES WHO SELL OUR PRODUCTS, EVEN IF ADVISED OF THEIR POSSIBILITY, (B) DAMAGE RESULTING FROM A SECURITY BREACH AND/OR DATA BREACH, ANY OTHER SECURITY INTRUSION, VIRUSES, BUGS, MALICIOUS SOFTWARE, HARMFUL COMPONENTS, TAMPERING, INTERRUPTIONS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURES, OR ANY OTHER TECHNICAL MALFUNCTIONS, (C) THESE TERMS OF SERVICE.
MIRACLE SOUND B.V., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SHAREHOLDERS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS ARE NOT LIABLE FOR BUSINESS LOSSES. IF YOU ARE A CONSUMER WE ONLY SUPPLY THE PRODUCTS FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFIT, LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
YOU AGREE THAT THE LIABILITY OF MIRACLE SOUND B.V., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS TO YOU UNDER THESE TERMS (AGREEMENT) SHALL BE LIMITED TO THE GREATER OF $100 AND THE AMOUNTS YOU HAVE PAID TO US OR ONE OF OUR DISTRIBUTORS (SUCH AS STORES) FOR ITS PRODUCTS OR SERVICES. EXCEPT AS SET OUT HEREIN, WE DO NOT ACCEPT ANY LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OF ANY KIND IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF YOUR USE OF THIS SITE OR IN RELATION TO THE GOODS AND/OR SERVICES THAT WE PROVIDE.
IF ANY PART, TERM, OR PROVISION OF THIS AGREEMENT SHALL BE HELD BY A COURT OF COMPETENT JURISDICTION TO BE ILLEGAL, UNENFORCEABLE, OR IN CONFLICT WITH ANY RELEVANT LAW, THE REMAINING PORTIONS OR PROVISIONS SHALL STILL REMAIN VALID AND CONTINUE IN FULL FORCE AND EFFECT. SOME JURISDICTIONS MAY RESTRICT OR PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Miracle Sound B.V. will be held harmless against any losses, judgements, claims, legal fees or court costs that may arise out of a breach of these terms and conditions.
By entering this agreement you agree not to sue or recover any damages from Miracle Sound B.V. and any affiliated companies, shareholders, directors or people as a result of its decision to terminate or suspend this agreement.
Whilst we will take reasonable and sufficient steps to ensure that the website is free from any viruses, trojans, malware, spyware, harmful software, data theft or any unauthorised malicious activity, we make no guarantees on this subject and will not be held liable for any loss resulting from this.
Please read carefully our License Agreement when you have downloaded and are going to open and use our products: https://www.audentity-rec.com/pages/f-a-q
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - LICENSE AGREEMENT
More information about any useage of our sounds, check our license agreement here: https://www.audentity-rec.com/pages/f-a-q
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies (such as the License Agreement) or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and / or our products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service and/ or License Agreement).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at Info@audentity-rec.com.
(If you don't receive any email from us within 5 working days (usually much faster) please check your spam filter)
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates, modifications and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes and and you waive any right you may have to receive notice of these changes or modifications from us.
SECTION 23 - EXTRA TERMS
Any references to any brands or artists or actor names on this site/page/products, including reference to brands, names, instruments, titles of films, books and film script texts are provided for description purposes only.
For example references to instrument brands are provided to describe the sound of the instrument and/or the instrument used in the sample.
We do not have (nor do they claim) any association with or endorsement by these brands, artist - or actor names, titles, texts from films, books etc
Any goodwill attached to those brands or artist / actor names, titles, texts from films, books etc, rest with the copyrights owners. Miracle Sound B.V., its Affilates, Suppliers or distributors do not accept any liability in relation to the use of brands, artist/ actors names, titles, texts from films, books etc. in the content of the samples or in the pack titles or descriptions.
The brands, products, service names, logos and images used in this Site or sold under the Audentity Records, Killer Tone & Exciter labels & our partner labels on This Site or other (legal official) websites are the trade marks or trade names of Miracle Sound B.V. and Audentity Records or its partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce and use any such trade marks, trade names or taglines without the prior written permission of Audentity Records or its partners.
CONTACT INFO:
MIRACLE SOUND B.V.
THE NETHERLANDS
info@audentity-rec.net