You must read the entire Terms and Conditions of Use to fully understand what you are agreeing to with regards to accessing this website. If you are interested in our services or products beyond the scope of our audio shop services, a separate agreement is required. You represent and warrant to us that you possess the legal right and ability to enter into this agreement.
1. Acceptance of the Terms and Conditions
Welcome to infrasoundmusic.com (‘Website’). By accessing this Website, you affirm your agreement to abide by the conditions, terms, disclaimers, notices, and other provisions, found here and throughout the Website, which may be updated from time to time without notice (collectively referred to hereinafter as “Terms and Conditions”). You accept that this is a legally binding electronic contract and you agree to periodically check for, and be bound by, any future modifications to the Terms and Conditions. The Terms and Conditions constitute a binding contract between you (“User”, “you”, “your”), and Infrasoundmusic, its representatives, designees, licensees, and assigns (“we”, “us”, or “our”), regarding your use of the Website. If you do not agree with the Terms and Conditions, you may not access the Website or use any of its information, and you must immediately leave the Website.
2. Age Requirements
This Website is intended for individuals of legal age. If you are under the age of eighteen (18) years, or the age of majority in your country, then you must immediately leave the Website. By registering with this Website, you represent that you are of legal age to form a binding contract.
3. Registration and use information
a. Account Security. When you register with this Website or provide information to us in any other manner, you represent and warrant that you are providing accurate, current, complete and true information. If we issue you a username and/or password, you may not reveal it to anyone else. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process. You are fully responsible for all activities that occur under your username and password. You may not sell, assign or otherwise transfer your user account, or any account rights, to any other person or entity. You agree to: (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you log out of your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others, including family members, are not able to view or record your username, password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign-in feature.
b. Non-commercial Use by Users. The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Businesses, companies and/or organizations may not register as a user and should not use the Website for any purpose. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Web site is with our permission, which may be revoked at any time, for any reason, at our sole discretion.
The purpose of our Website is to allow prospective users to have limited access to our music and evaluate it for licensing purposes. In order to use any part of the music beyond the scope of our Website as it is designated on the Website and in these Terms of Conditions, for any purpose whatsoever, you must secure a separate and appropriate license. Otherwise, you are not authorized to use any of the Content (defined below) in any manner whatsoever not expressly granted here, or not so intended, including, without limitation, synchronization, third party streaming, and/or distribution of our music.
5. Website intellectual property
a. Our Content. This Website contains a combination of our proprietary information, and our intellectual property. We hereby own and reserve all rights in, our proprietary information and our intellectual property, including but not limited to all musical compositions, sound recordings, lyrics, photographs, images, animations, illustrations, graphics, text, audio or video clips, data, source and object code, HTML, or other technology, as well as its copyrightable selection and arrangements, trademarks, logos and service marks within all territories of the universe in perpetuity. “Content” means the foregoing as well as any content owned by a third party that we control. You may not distribute, modify, publish, transmit, perform, sell, reproduce, display, or otherwise use the Content whatsoever without our, or the applicable owner’s, prior express written consent.
b. Limited License. We hereby grant you a fully revocable, worldise, royalty-free, non-assignable and non-exclusive personal license to use the Content solely as part of the Website. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Website as provided by us, in the manner permitted by these Terms and Conditions. We reserve any rights not specifically granted herein.
6. Representations and warranties
You hereby represent and warrant to us: (a) that you have the full power and authority to enter into and perform under these Terms and Conditions, (b) your use of our Website will not infringe on the intellectual property rights, right of publicity or any other legal right of any third party, and (c) you will comply with all applicable laws in using our Website and in engaging in all other activities arising from, relating to or connected with these Terms and Conditions.
7. Disclaimer and limitations on damages.
A. Disclaimers. We specifically disclaim any and all express or implied warranties regarding this Website or any content, services or products provided through or in connection with this Website, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, and warranties as to the availability, accuracy, integrity, quality, completeness or content of any information, products or services available on or through this Website, whether provided by us, a user, or another third party. We assume no responsibility, and are not liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, this Website or your downloading of any materials, text, images, data, video or audio from this Website. We make no warranty that this Website will meet your requirements, be uninterrupted, timely, and secure or error free, or that this Website or the server that makes it available are free of any harmful components or destructive files.
B. Limitations on damages. In no event shall we or any of our affiliates, employees, agents, content providers or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. You agree that we are not liable for any amount exceeding the price that you may have paid to us for access to the web site, and in no event shall that amount be greater than $100.00.
You agree to indemnify, defend and hold us harmless and each of our respective partners, contractors, representatives, suppliers, officers, licensors, employees and agents from any and all claims and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.
9. Miscellaneous provisions
a. Violation of Terms and Conditions. You agree that if you violate the Terms and Conditions that your registration may be canceled and we shall have no further obligation to you.
b. Access Fees. You understand that you are solely responsible for any charges or fees incurred to access this Website through an Internet service provider.
c. No Access Where Prohibited By Law. This Website may not be used where prohibited by law.
d. Foreign Access. We operate this Website from our offices located in the Republic of Croatia. If you visit the Website from another country, please be aware that information you provide to us, or that we obtain as a result of your use of the Website, may be processed in and transferred to the Republic of Croatia and will be subject to Croatian and EU law. Privacy and data protection laws may not be equivalent to the laws in your country of residence. By using the Website, or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the Republic of Croatia. You also assume sole responsibility for compliance with all local laws.
e. Reservation of Rights. We reserve the right to suspend, discontinue, restrict or modify, the use of any portion of this Website, including the availability of any portion of any content at any time, to anyone for any reason without notice or liability. If we request that you no longer use the Website then you agree to immediately cease from accessing, or attempting to access, your account.
f. Advertisements. You understand that this Website may include advertisements.
g. Communication With Us. All communications with us should be e-mailed to: email@example.com. We will use our best effort to read and respond to your e-mail in a reasonable time.
h. Prohibited Activities. Unauthorized access to this Website is a breach of these Terms and Conditions and a violation of the law. You agree not to disassemble, reverse engineer or decompile any music, software or other products or processes accessible through this Website, not to insert any code or product or manipulate any Content in any way, and not to use any scripts, robots, spiders, trojan horse, data mining, or any data gathering or extraction method in connection with your use of this Website.
10. General Legal Provisions
a. Governing Law. These Terms and Conditions and any action related thereto will be governed by the laws of the Republic of Croatia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the local court located in Osijek, Republic of Croatia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
b. Waiver and Severability. Our failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect.
c. Notice. We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.