TERMS OF WEBSITE USE

Thank you for visiting Duende Sounds.

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 company name and our registered office is at 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

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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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 info@duendesounds.com 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.

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

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.

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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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.

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.

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.

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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.