Terms and Conditions

• version 1.0
• -
• March 1, 2020

TERMS AND CONDITIONS

Effective as of March 1, 2020

Our Terms and Conditions (“Terms”) set forth legal rules between you as a user of the Website and us, SoundGate Michal Jaroszewicz, a company incorporated in Poland, registry number 368986467; address: Dunikowskiego 3/26, 02-784 Warsaw, Poland, regarding the use of our website http://www.soundgatelibrary.com (the “Website”).

By accessing or using the Website, you agree that you have understood and agree to comply with the Terms. If you do not agree to the Terms please do not access or use the Website. You shall be at least 18 (eighteen) years old to use and access the Website and its services.

The Website offers digital content, especially sound effects libraries (the “Services”). More details of all features of the functionality and Services is available on the Website.

Please carefully read the following information to understand our policy regarding your use of the functionality and Services which are available on the Website.

We may change the Terms at any time. We will inform you in advance of the changes to the Terms using the available means of communication such as email, notification, or the like.

1. PRIVACY POLICY, LICENSE, AND REFUND POLICY

Our Privacy Policy is available on a specific page and explains to you our practice regarding our collection and processing of data which identifies or may indirectly identify you. You shall understand that through your use of the Website you acknowledge the processing of this data shall be performed under the Privacy Policy.

The terms of the license are set out in the End-User License Agreement (“EULA”) which is accessible at the page “Licensing”.

The terms of a refund are set out in the refund policy (“Refund Policy”) which is accessible at the page “Refund Policy”.

In case of any contradictions between the Terms and the EULA or Refund Policy, the terms of the EULA or Refund Policy shall prevail.

2. USE OF THE SERVICES AND WEBSITE

You shall not use the Website or Services for any illegal, immoral or inappropriate purposes.

You shall not abuse the Services or use the Services in violation of its instructions or recommendations.

You shall not engage in any activity that harms, exploits or threatens to harm us, any user, or the Website.

You shall not send unwanted or unsolicited messages or other spam.

You shall not engage in activity that is fraudulent, misleading, or defamatory.

You shall not perform or assist in any activity that is harmful to you, the Website, Services or others.

You shall not reverse engineer the Website, perform data (web) scraping of the Website, or hack the Website.

You may not use the Website in a way that may disable, damage, or interfere in the Website.

You shall not infringe anyone’s rights, including copyright and other intellectual property ones.

You shall not perform or assist in any activity that violates data protection or privacy rights of anyone.

You shall not assist anyone in breaking any of the rules of the Terms.

3. THIRD-PARTY SERVICES

The Website may include links to other sites, applications, and platforms (hereinafter the "Linked Websites").

We do not control the Linked Websites, and shall not be responsible for the content and other materials of the Linked Websites. We make these links available to you for providing the functionality or Services on the Website. You may also find the terms and conditions of the Linked Websites on their websites.

4. INTELLECTUAL PROPERTY ISSUES AND CONTENT

We grant you a non-transferable, non-exclusive, revocable license to access and use the Website from one device in accordance with the Terms.

All content present on the Website includes text, code, graphics, logos, images, compilation, software used on the Website (hereinafter and hereinbefore the "Content") is our property or of our contractors and protected by intellectual property laws. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, scratch, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Website shall not entitle you to make any illegal and prohibited use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use unless otherwise authorized by us. We do not grant you any licenses to our intellectual property unless otherwise provided in the Terms or individual agreement.

5. OUR MATERIALS

By uploading, inputting, providing or submitting any content you are granting us to use the content in connection with the operation of our business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate the content; and to publish your name in connection with the content. Such content is an inalienable part of the Content.

No compensation shall be paid with regard to the use of your content. We shall have no obligation to publish or enjoy any content/idea you may send to us and we may remove your content at any time.

By uploading, inputting, providing or submitting content you warrant and represent that you own all of the rights to the content.

6. DISCLAIMER OF CERTAIN LIABILITIES AND LIMITATION

THE INFORMATION AVAILABLE ON THE WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. WE SHALL NOT BE LIABLE FOR THOSE INACCURACIES AND ERRORS. SOMETIMES WE REFER TO THIRD PARTIES WEBSITES WHICH MAY HAVE THEIR TYPOGRAPHICAL ERRORS OR INACCURACIES AND WE SHALL NOT BE RESPONSIBLE FOR SUCH TYPOGRAPHICAL ERRORS OR INACCURACIES.

WE MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, SUITABILITY, AND TIMELINESS OF THE CONTENT CONTAINED ON AND SERVICES AVAILABLE ON THE WEBSITE. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW, ALL SUCH CONTENT AND SERVICES ARE PROVIDED ON THE "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS CONTENT AND SERVICES, INCLUDING WARRANTIES AND PROVISIONS OF MERCHANTABILITY, FITNESS FOR A CERTAIN PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU UNDER THESE TERMS FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, WASTED EXPENDITURE, GOODWILL OR REVENUE OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF ANY CONTRACT OR ANY BREACH.

OUR LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO A SUM EQUAL TO THE PRICE PAID BY YOU TO US.

WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF OUR BEING PREVENTED FROM PERFORMING OUR OBLIGATIONS UNDER THESE TERMS BY REASON OF CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Website or its services, Content, and our Services, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.

8. TERMINATION AND ACCESS RESTRICTION

We may terminate your access to the Website and its related services or any part at any time, without notice, in case of your violation of the Terms or appropriate behavior.

We may suspend or terminate the Website or Services. We will notify you within a reasonable time before the suspension or termination.

9. MISCELLANEOUS

The Terms and all contracts entered into shall be governed by the law of Poland, regardless of the laws that might be applicable under principles of conflicts of law. You and we agree to submit any dispute or controversy to the jurisdiction of the Courts of Poland unless otherwise required by the applicable law.

No joint venture, partnership, employment, or agency relationship shall be implied between you and us as a result of the Terms or use of the Website.

Nothing in the Terms shall be a derogation of our right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Website.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and us.

The Terms constitute the entire agreement between you and us regarding the enjoyment of the Website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and us.

We and our affiliates shall not be liable for any failure or delay to fulfill its obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulations, legislation, or orders of government, terroristic acts, war, or any other force outside of our control.

10. COMPLAINTS

We are committed to resolving any complaints about the Terms. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us.

We will reply to your complaint as soon as we can and in any event, within 30 days. According to the applicable law, in some cases, we may prolong the term.

We hope to resolve any complaint brought to our attention, however, if you feel that your complaint has not been adequately resolved, you may contact your local authority.

11. COPYRIGHT POLICY

If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Website or Services infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to at the following address:
SoundGate Michal Jaroszewicz
Address: Dunikowskiego 3/26, 02-784 Warsaw, Poland
Email: support@soundgatelibrary.com

A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
- A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringing is located on the Website or the Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

12. CONTACT INFORMATION

We welcome your comments or questions about the Terms, Privacy Policy, Services, and Website. You may contact us at:
SoundGate Michal Jaroszewicz
Address: Dunikowskiego 3/26, 02-784 Warsaw, Poland
Email: support@soundgatelibrary.com