User agreement license for user conduct on SoundShop.io

User Agreement

SOUNDSHOP USER TERMS

1 INTRODUCTION

Welcome to Sound Shop! These SoundShop user terms (the "Terms") govern your licensing of music and sound samples ("Products") made available through the SoundShop website "SoundShop.io" (the "Website"). Please read these Terms carefully.

By purchasing or downloading Products from the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not purchase Products from the Website.

In addition to this Terms, our Privacy and Cookie Policy describe how we process personal information we may collect when you use our services.

2 RESPONSIBLE USE AND CONDUCT

You agree to only use the Website and Products for the purposes intended and as permitted by the Terms and in accordance with applicable laws. If you use the Website in breach of the Terms or applicable laws, we may terminate your account and/or suspend your use of the Website. Your account is personal and for your use only, whether in a private or professional capacity, and your account may not be shared with or used by other people.

You are responsible for maintaining the confidentiality of your account and any non-public authentication credentials associated with your use of the Website. You must promptly notify our customer support team about any possible misuse of your accounts, authentication credentials or any security incident related to the Website.

You represent and warrant that information you provide when registering for an account is accurate and you shall not misrepresent personal information or otherwise be untruthful about your identity in connection with your use of the Website. SoundShop reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Website. Notwithstanding the foregoing, you acknowledge that SoundShop cannot guarantee the accuracy of any information submitted by any user or the identity of any user who chooses to use the Services. We are not obliged to verify the identity of any user.

You warrant (i) that you are authorized to be bound to these Terms and (ii) that you are above the relevant legal age in your country as may be required for you to create an account with SoundShop and purchase the Products or, if you are below such legal age in your country, that you have your parent/or guardian’s consent or that your parent or guardian is entering into these Terms on your behalf.

3 LICENSE TO THE PRODUCTS

3.1 Your use of the Products

Any and all intellectual property rights to the Products are the sole property of SoundShop and/or its licensors (as applicable). The Products are licensed, not sold, to you.

3.2 Licensed rights

Subject to your payment of applicable Fees for Products that you order on the Website and continued compliance with the Terms, we grant you a non-exclusive, non-transferable, perpetual right to use the Products you obtain through the Website in combination with other sounds in any kind of production, e.g., for music or game productions, to create new recordings and derivative work . This means that you may modify, reproduce, publicly perform, distribute, transmit, communicate to the public and otherwise use the Products except as prohibited herein.

3.3 Restrictions

Except for the rights granted to you above, neither SoundShop nor its licensors grant you any Intellectual Property Rights (as defined in section below) or other rights in title or other interest pursuant to this Terms.

You may not use the Products in a manner competitive to SoundShop or its licensors. You may not re-sell or transfer any of the Products to any third parties. You may not use the name, image or other Intellectual Property Rights of SoundShop without prior written permission.

"Intellectual Property Rights" shall mean intellectual property rights of any kind existing anywhere in the world, whether registered or not, and all applications, renewals and extensions of the same, including publishing rights, trademarks, trade names, firm names, logos, domain names, patents, design rights, inventions, rights to know-how, trade secrets, copyrights, publishing rights, database rights and other protected material, in any form or format.

4 CREDITS

4.1 General

Every customer with a valid and active account may acquire "Credits", which are redeemable points systems that operates similar to a virtual currency. Credits can be purchased on the Website following the customer's creation of a valid account. Credits are used to acquired Products on the Website. Once you redeem a Credit for a Product, you may re-download that Product an unlimited amount of times from the Website without using additional Credits as long as long as you have an Account.

Credits are issued in bundles and the price may vary depending on the amount you purchase. You understand and agree that the price and availability of Credits are subject to change without notice.

You are solely responsible for verifying that the proper amount of Credits have been added to or deducted from your account during any transaction on the Website. Please notify us immediately if you believe that a mistake has been made with respect to your Credits balance.

5 TERM AND TERMINATION

This Terms will continue to apply for as long as you use SoundShop. SoundShop may terminate the Terms and agreement with you or suspend your access to the SoundShop website at any time, including in the event of your actual or suspected unauthorised use of SoundShop website, Products or any related service, or non-compliance with this Terms. If SoundShop suspends your access to the Website in accordance with the Terms, you agree that SoundShop shall have no liability or responsibility to you and SoundShop will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

6 DISCLAIMER OF WARRANTIES

To the fullest extent permitted under applicable law, the Website, all property of SoundShop and the Products are provided "as is" and on "as available" basis, and SoundShop disclaims all warranties of any kind.

Any content downloaded from or otherwise accessed through the Website is accessed at your own risk, and you shall be solely responsible for any damage to your property that results from accessing such content.

Other than as mentioned herein, SoundShop does not make any expressed or implied representation or warranty in respect of the Products, Website and your purchase- and use of Products.

7 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOUNDSHOP, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, ANY THIRD PARTY APPLICATIONS, OR ANY THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SOUNDSHOP HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOUNDSHOP’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO SOUNDSHOP UNDER THESE TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.

NOTHING IN THE AGREEMENT REMOVES OR LIMITS SOUNDSHOP’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.

8 INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SOUNDSHOP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEY FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE WEBSITE AND/OR SERVICES, ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THESE TERMS OR ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY’S RIGHTS.

SoundShop reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you’ll cooperate with SoundShop in asserting any available defenses.

9 CHANGES TO THE TERMS

We reserve the right to change the terms of this Terms from time to time. Changes may for example be made to accommodate new products or services, to adapt to legal requirements, or otherwise to better adapt this Terms to our business. If there is a material change to these Terms, we will notify you either by email to your registered email account, in-App or in-Service notifications or on our official Websites (as appropriate). It is your responsibility to read any such notice carefully. Your continued use of our offering and purchase of Products after such changes will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the service under the new version of this Terms, cease all use of our services.

10 CONTACT INFORMATION

Should you have any questions about any information in this Terms or your rights and obligations hereunder please contact us at: david@soundshop.io or tony@soundshop.io.

11 GOVERNING LAW AND JURISDICTION

11.1 Governing law

This Terms is governed by the statutes and laws of Norway without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods. Norwegian law will apply to all matters relating to the use of the SoundShop services and offerings and the purchase of any Products or other services.

11.2 Legal Venue

Furthermore, any action to enforce this Terms shall be brought before the District Court of Oslo (Nw. Oslo tingrett), Norway. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

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