Terms of Use - Duende Sounds

Terms and Conditions

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 as DUENDE SOUNDS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ. Our tax and company numbers are: NIP 8133914080 REGON 528381602 DUNS 664919972, and our registered office is at Sportowa 6 / 59, 35-111 Rzeszów, Poland.

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 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 re-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 that the courts of Poland will have non-exclusive jurisdiction.

TRADE MARKS

Duende Sounds is a Polish trademark of Duende Sounds Spółka z Ograniczoną Odpowiedzialnością.

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.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Duende Sounds Spółka z Ograniczoną Odpowiedzialnością, a company registered in Poland. Our company registration number is: NIP 8133914080; REGON 528381602; DUNS 664919972, and our registered office is at Sportowa 6 / 59, 35-111 Rzeszów, Poland. We sell Licences for Musical Tracks and Sounds on duendesounds.com (our site). 2.2 You can contact us by writing to us at [email protected] or Duende Sounds Sp. z o. o. Sportowa 6 / 59, 35-111 Rzeszów, 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.

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 occurs. The Contract will end immediately and we will refund you in full for any Track(s) which has not been provided. The reasons are:

6.1.1 We have told you about an upcoming change to these terms which you do not agree to;
6.1.2 We have told you about an error in the price or description of the Licence you have ordered and you do not wish to proceed; or
6.1.3 You have a legal right to end the Contract because of something we have done wrong. 6.2 If you have just changed your mind about the Licence, you can still end the Contract if we have not yet made the Track(s) available to download.

7. OUR RIGHTS TO END THE CONTRACT

7.1 We may end the Contract for a Track(s) at any time by writing to you if:

7.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due; or
7.1.2 you do not, within a reasonable time, allow us to deliver the Track(s) to you. 7.2 If we end the Contract in the situations set out in section 7.1 we will refund any money you have paid in advance for Track(s) we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

8. IF THERE IS A PROBLEM WITH THE TRACK

8.1 If you have any questions or complaints about the Track(s), then please contact us at [email protected] 8.2 We are under a legal duty to supply Tracks in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Tracks. Nothing in these terms will affect your legal rights.

SUMMARY OF YOUR LEGAL RIGHTS

If your Track(s) is faulty, then you are entitled to a repair or a replacement. If the fault cannot be fixed or if you are unhappy with the fix, then you are entitled to a full or partial refund.

9. PRICE AND PAYMENT

9.1 The price of the Licence (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Licence advised to you is correct. However, please see 9.3 for what happens if we discover an error in the price of the Licence you order. 9.2 If the rate of VAT changes between your order date and the date we supply the Licence, we will adjust the rate of VAT that you pay unless you have already paid for the Licence in full before the change in the rate of VAT takes effect. 9.3 It is always possible that, despite our best efforts, some of the Licences we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Licence’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Licence’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, then we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 10.2 We are not liable for business losses. We only supply the Licences for domestic and private use. If you use the Licences for any commercial, business or re-sale purpose, then we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Tracks including the right to receive Track(s) which are as described and match information we provided to you and supplied with reasonable skill and care.

11. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

12. OTHER IMPORTANT TERMS

12.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, then you may contact us to end the Contract within 30 days of us telling you about it, and we will refund you any payments you have made in advance for Track(s) not provided. 12.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 12.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. 12.4 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. 12.5 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. 12.6 These terms are governed by Polish law and you can bring legal proceedings in respect of the Licences in the Polish courts.

13. DISPUTE RESOLUTION

13.1 If you have a complaint, then please contact us via email at [email protected] 13.2 In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.