Thank you for visiting Duende Sounds website.
This page tells you how you may use our website www.duendesounds.com (our site).
Please read these terms of use carefully before you start to use our site. We
recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree
to comply with them. If you do not agree to these terms of use, you must not use
our site.
INFORMATION ABOUT US
Our site is operated by Duende Sounds (“We”). We are registered in Poland under MAZO MEDIA Krzysztof Lomonkiewicz 5842550318 company name and our registered office is at the address at ul. Obroncow Wybrzeza 4A/69, 80-398, Gdansk.
CHANGES TO THESE TERMS
We may revise these terms at any time by amending this page. Please check this
page from time to time to take notice of any changes we made, as they are binding
on you.
ACCESSING OUR SITE
Our site is made available free of charge. We may update our site and change the
content at any time. We do not guarantee that our site, or any content on it, will
always be up to date, available or be uninterrupted. Access to our site is permitted
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on a temporary basis. We may suspend, withdraw, discontinue or change all or any
part of our site without notice. We will not be liable to you if for any reason our site
is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to
our site. You are also responsible for ensuring that all persons who access our site
through your internet connection are aware of these terms of use and other
applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in
the material published on it. This includes the Music Tracks and Sound effects that we may licence to you. All
works are protected by copyright laws and treaties around the world. All such rights
are reserved.
You must not use any part of the content on our site for commercial purposes
without obtaining a licence to do so from us.
If you copy or download any part of our site in breach of these terms of use or the
terms of our licences, your right to use our site will cease immediately and you must,
at our option, return or destroy any copies of the materials you have made.
WHAT YOU MAY DO ON OUR SITE
You may:
• browse our site, use the filters, and listen to previews of Musical Tracks and Sounds;
• create an account;
• download specified free sound packs; and
• purchase non-exclusive licences to use our Musical Tracks and sounds in your projects;
• download .wav and mp3 audio files for licensed Tracks/Sounds and use those in
accordance with the licence terms; and
• submit a listening link to your work as a composer (by doing so you are
confirming to us that the track(s) featured is your own original composition
and master recording. If the track is created collaboratively or involves re3
working or someone else’s compositions, then please tell us using the
Contact Form.)
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer
programmes and platform in order to access our site. You should use your own virus
protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic
bombs or other material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to our site, the server on which our site is
stored or any server, computer or database connected to our site. You must not
attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by disclosing
your identity to them. In the event of such a breach, your right to use our site will
cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it. You must not establish a
link in such a way as to suggest any form of association, approval or endorsement on
our part where none exists. You must not establish a link to our site in any website
that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part
of our site other than the home page. We reserve the right to withdraw linking
permission without notice.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties,
these links are provided for your information only. We have no control over the
contents of those sites or resources.
APPLICABLE LAW
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Polish law. You and we both agree to that the courts of Poland will have non-exclusive jurisdiction.
TRADE MARKS
Duende Sounds is Polish trade mark of MAZO MEDIA.
TERMS OF SALE
PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY TRACKS OR SOUNDS FROM OUR SITE
1 THESE TERMS
1.1 These are the terms on which we sell Licences to you.
1.2 Where these terms refer to a Contract between us, the terms of that Contract
are these terms and the terms of the applicable Licence.
1.3 Please read these terms carefully before you buy one of our Licences. If you
are unsure about any of these terms, then please contact us. Do not buy a
Licence from our site until you have carefully read, understood and fully
agreed to be bound by these terms.
1.4 In some areas you will have different rights under these terms depending on
whether you are a business or consumer. You are a consumer if:
1.4.1 You are an individual; and
1.4.2 You are buying Licences from us for your personal use (not for use in
connection with your trade, business, craft or profession).
1.5 If you are a business customer the Contract constitutes the entire agreement
between us in relation to your purchase. Every business customer
acknowledges that they have not relied on any statement, promise,
representation, assurance or warranty made or given by or on behalf of us
which is not set out in these terms and that they shall have no claim for
innocent or negligent misrepresentation or negligent misstatement based on
any statement in this agreement.
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2 INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Duende Sounds a company registered in Poland. Our
company is registered under MAZO MEDIA name, registration number is: NIP: 5842550318; REGON: 369116389 and our registered office is at Ul. Obroncow Wybrzeza 4A/69, 80-398, Gdansk, Poland.
We sell Licences for Musical Tracks and sounds on www.duendesounds.com (our site).
2.2 You can contact us by writing to us at [email protected] or Ul. Obroncow Wybrzeza 4A/69, 80-398, Gdansk, Poland.
2.3 If we have to contact you we will do so by writing to you at the email address
or postal address you provided to us when you bought a Licence.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in
these terms, this includes emails.
3 IMPORTANT NOTICE TO ALL USERS
3.1 By clicking on the “Proceed” button to complete your purchase, you accept
and agree to these terms which will bind you (and if you are a business) your
employees. The Contract between you and us begins when you click
“Proceed”, and you expressly request that the Tracks are made available to
you straight away, and that any consumer cancellation rights will be lost once
the Tracks are made available for download.
3.2 If you do not agree to the terms of the Contract, then do not click on the
“Proceed” button.
YOU SHOULD PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE
4 GRANT AND SCOPE OF LICENCE
4.1 In return for payment by you of the agreed price and you agreeing to abide by
these terms, we grant to you a non-exclusive Licence(s) to use the Track(s) on
these terms and on the terms of the applicable Licence.
5 PROVIDING THE TRACKS
5.1 When you purchase a Licence from us, we will make the Track available to
download within the ‘My Licences’ page of your Account on our site.
5.2 We may suspend our site or the supply of Tracks to deal with technical issues
or make minor technical changes.
5.3 If our supply of the Track(s) is delayed by more than 24 hours then we will
contact you as soon as possible to let you know and we will take steps to
minimise the effect of the delay. Provided we do this, we will not be liable for
delays in supplying any Tracks.
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6 YOUR RIGHTS TO END THE CONTRACT
6.1 If you want to end the Contract, then you may do so if one of the scenarios in
6.1.1 to 6.1.3 to applies. In these cases, you have the right to end the Contract
immediately and if you do, we will refund you in full for any Tracks which have
not been downloaded if:
6.1.1 we have suspended supply of the Tracks or Sounds for technical reasons for more
than 3 days;
6.1.2 other events outside of our control cause our supply of the Tracks to be
delayed for more than 3 days; or
6.1.3 you have a legal right to end the Contract because of something we
have done wrong.
7 IF THERE IS A PROBLEM WITH THE TRACK or SOUND
7.1 If you have any questions or complaints about a Track or SOUND, please contact us
(details at clause 2.2).
7.2 We promise to supply downloadable Tracks and Sounds that conform with this Contract. If
a Track/Sound or element of a Track/Sound is faulty, we will provide a replacement copy, or if
that is not possible, we will provide you with a refund. Nothing in these terms
will affect your legal rights.
7.3 If we provide a refund for a faulty Track/Sound then you no longer have the right to
use any element or part of that Track/Sound and you promise to delete all of the files
from all computers, devices, and storage locations. You also promise to
confirm to us that you will not use the Track/Sound or any part of element of it and
that you have removed it completely from all your computers, devices and
storage locations.
8 PRICE, PAYMENT AND VAT (TAXES, DUTIES OR OTHER GOVERNMENT
CHARGES)
8.1 The price of our Licences will be the price indicated on our site. If you think a
price is wrong, please contact us.
8.2 We accept payment with the credit and debit cards listed on the payment
pages of our site.
8.3 The price of our Licences does includes taxes, duties or other government
charges.
8.4 By purchasing a Licence from us, you verify that your country of residence is
the same as your billing address.
9 REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Duende Sounds EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Duende Sounds DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
We do not guarantee that the Services, and any products sold through the Services, will be compatible with all software or with all devices.
10 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
10.1 This Clause 10 only applies to business customers.
10.2 Nothing in these terms shall limit or exclude our liability to business customers
for:
10.2.1 death or personal injury caused by our negligence, or the negligence of
our employees, agents or subcontractors (as applicable);
10.2.2 fraud or fraudulent misrepresentation;
10.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979
or section 2 of the Supply of Goods and Services Act 1982; or
10.2.4 any matter in respect of which it would be unlawful for us to exclude or
restrict liability.
10.3 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and
sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
10.4 Subject to clause 10.1:
10.4.1 we shall not be liable to you, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, for any loss of
profit, or any indirect or consequential loss arising under or in
connection with any contract between us; and
10.4.2 our total liability to you for all other losses arising under or in
connection with any contract between us, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall be
limited to 100% of the total sums paid by you for Licences.
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11 HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use the personal information you provide to us:
11.1.1 to supply the Track(s), Sounds and Licence(s) to you;
11.1.2 to process your payment for the Licence(s); and
11.1.3 if you agreed to this during the order process, to give you information
about similar products that we provide, but you may stop receiving this
at any time by contacting us.
11.2 We will only give your personal information to third parties where the law
either requires or allows us to do so.
12 OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under these terms to another
organisation.
12.2 You need our consent to transfer your rights to someone else. You may only
transfer your rights or your obligations under these terms to another person if
you have purchased a licence that allows you to do this.
12.3 Nobody else has any rights under this Contract. This Contract is between you
and us. No other person shall have any rights to enforce any of its terms.
12.4 Nothing in this Contract is intended to, or shall be deemed to, establish
any partnership or joint venture between us, constitute any party the agent of
another party, or authorise any party to make or enter into any commitments
for or on behalf of any other party.
12.5 If a court finds part of this contract illegal, the rest will continue in force. Each
of the paragraphs of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining paragraphs will
remain in full force and effect.
12.6 Even if we delay in enforcing this Contract, we can still enforce it later. If we do
not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this
Contract, that will not mean that you do not have to do those things and it will
not prevent us taking steps against you at a later date.
12.7 These terms are governed by English law and legal proceedings in respect of
the Contract or the Tracks can only be brought in the Polish courts.