In these Conditions, the following expressions shall have the following meanings:
"Soniccouture" - Soniccouture LIMITED, a company registered in England no. 6048455, having its regsitered business address at : 2nd Floor 145-157 St John Street London EC1V 4PY UK is the owner of the Soniccouture.com Online Store.
"You" any person or legal entity placing an order for goods from Soniccouture through this website, and "Your" shall be construed accordingly.
"Order" an order placed upon Soniccouture.com by You through the facility offered by this website.
"Product" Either physical disc or software download.
2. GENERAL AND VARIATION
2.1 These terms and conditions shall govern any sale of goods by Soniccouture to the exclusion of any other terms and conditions including printed or published terms proposed by You in any of your documents or electronic transmissions.
2.2 Neither You nor Your Company shall be bound by any variation, waiver of, or addition to, these conditions except as agreed by both parties in writing and signed on their behalf by an authorised signatory.
2.3 No online order will be accepted until You have indicated acceptance of these Conditions of Sale as instructed on the website.
These terms and conditions shall be governed by English Law. The contract shall be deemed to have been made in England and the parties to the contract hereby submit to the jurisdiction of the English Courts.
4. THE PRODUCT
Before placing an order for Soniccouture Products You are deemed to have examined the product descriptions and information and satisfied yourself that the products are suitable for Your purposes.
5.1 No liability whatsoever shall be incurred by Soniccouture in respect of any representations of any kind made by Soniccouture on its website or through its agents to You or your representatives before the contract was made.
5.2 The liability of Soniccouture in respect of any breach of any express terms or terms implied by statute or common law or any negligence shall be limited to the price of the goods supplied and shall not extend to loss of profit or other consequential losses except where personal injury or death has been caused to any party as a result of any such breach or negligence.
6.1 Unless otherwise stated all prices published by Soniccouture on this website include Value Added Tax which will be charged according to local EU law where applicable and your geographical location which will be established by IP address.
6.2 Prices are subject to change without notice.
7.1 Orders are delivered by direct download, either via Your web browser or via Soniccouture's Cloud Downloader App; dedicated software that connects to Google Cloud Storage servers and downloads the product direct to Your hard drive.
7.2 Soniccouture Ltd are unable to guarantee a successful download in all instances, due to external internet infrastructure and other factors outside their control. However, all efforts will be taken to ensure successful delivery of the product to the customer, including, in the final instance, physical delivery via USB drive or similar storage media.
Payment for all Goods ordered through this website shall be made by Paypal or secure credit or debit card payment, in accordance with details submitted by You at checkout. Any payment facility used by Soniccouture for this purpose is fully encrypted and secure. The current payment processor used is Paypal.
9. EMAIL CONTACT
As a user of Soniccouture software we will need to contact you occasionally about relevant updates and upgrades to your product. You can opt-out of these emails entirely in the 'Contact Preferences' section of the User Account.
10. RETURN / REFUND / CANCELLATION POLICY
Refunds are not possible except in the event that download delivery to a customer's destination fails irrecoverably. Refunds on the grounds of subjective unsuitability of the product, or due to malfunction of 3rd party host software or the user's hardware will not be granted. Where a product is deemed unsuitable by the customer an exchange for a product of equivalent value will be offered.
Your Right to Cancel: Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it: if you download digital content within the 14 day cancellation period you agree to waive your cancellation rights, as specified by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Customers must contact us within 14 business days of purchase to make any refund claim. Any refund granted will be refunded to the original card or other method of payment used only. Soniccouture can be contacted by email: email@example.com
11. INTELLECTUAL PROPERTY INFRINGEMENTS
Soniccouture gives no indemnity in respect of any actual or alleged infringements of patents, trade marks, trade names, registered designs or any other intellectual property right relating to the goods it supplies.
No contract between Soniccouture and You may be assigned.
13. CONDITIONS RELATING TO THE SONICCOUTURE.COM WEBSITE
12.1 Copyright in the Material contained on this website is owned by Soniccouture or its associates. Soniccouture has made every effort to gain copyright for all written & photographic material on the website. Any person who owns the copyright for material published on the website can contact us at firstname.lastname@example.org
Unauthorised use of the Material including reproduction, storage, modification, distribution or publication without the prior written consent of Soniccouture.com or, where applicable, the respective copyright owner(s) is prohibited. Documents on the site may not be downloaded, altered or adapted for any purpose except for personal, non-commercial use.
12.2 Soniccouture is not responsible for the contents or the reliability of linked third-party websites, either to or from this website, and does not necessarily endorse the views expressed within them.
12.4 You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, restrict, or inhibit the use and enjoyment of this site by any third party. Such restriction and inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive material or disruption of normal flow of dialogue within this site.
12.5 Soniccouture does not accept liability for any damages, including, without limitation, indirect or consequential damages, loss of profits, or any damages whatsoever arising out of, or in connection with the use or loss of use of this site.
12.6 Soniccouture does not warrant that the functions contained in the material in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs
12.7 Any questions regarding the site should be sent to email@example.com
This version supercedes any older versions that may exist digitally.
PREFACE: This End-User License Agreement ("EULA") is a legal agreement between you and Soniccouture LTD for the Soniccouture product accompanying this EULA, which includes computer software and may include associated media, printed materials, and online or electronic documentation ("Software"). By installing, copying, or using the software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the software.
The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold.
Soniccouture Ltd grants the Owner of a Soniccouture product the right to create finished musical works and performances using the sounds and software that comprise the Soniccouture product.
The making of sample libraries in any form, commercial or otherwise, using Soniccouture audio or software (be they single hits, loops, fully mixed audio clips, or scripts) is STRICTLY FORBIDDEN without express written agreement of Soniccouture Ltd, and violations will be prosecuted to the full extent of international and local copyright law.
The use of individual digital samples or original sounds (whether digital audio files as supplied in the product or re-sampled or recorded broadly from their supplied state) from the licensed product in games, web-apps or software applications of any kind without express written agreement of Soniccouture Ltd is forbidden. Individual license agreements may be granted for such uses subject to negotiation.
The ownership of all title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software ) is fully asserted by Soniccouture Ltd.
The Owner may only install and use Soniccouture libraries and software on multiple computers strictly under the following conditions: where multiple computers comprise part of a single composition workstation for a composer; or where the Owner has two non-concurrent sites of work, for example a studio desktop and a laptop for live performance.
The Owner may not transfer, modify, rent, lease, loan, resell, distribute, network, electronically transmit or merge the Software.
DISCLAIMER OF WARRANTY: The software is provided "as is" and without warranty of any kind. The entire risk arising out of the use or performance of the software and documentation remains with user. To the maximum extent permitted by applicable law, Soniccouture further disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the software, and any accompanying hardware. To the maximum extent permitted by applicable law, in no event shall Soniccouture be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this EULA or the use of or inability to use the software, even if Soniccouture has been advised of the possibility of such damages.