LICENSE TERMS AND CONDITIONS
This website is operated by “Audioxpression Productions LTDA”, enrolled with the Brazilian Corporate Taxpayers’ Registry from the Ministry of Treasury under the number 42.915.888/0001-32 (the "Audioxpression"). Audioxpression offers on this Website: products, content, tools, and services available therein, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
This Agreement sets forth the terms and conditions of the purchase and use of any or all products made available through, intermediated, or licensed by Audioxpression, as the case may be, such as Sample Packs, Sample Libraries, Plugins, Virtual Instruments, Recordings, and/or any other elements contained therein (all, collectively, "Products"). By accessing, registering, purchasing or using any Products and/or elements made available, intermediated and/or licensed thereof by Audioxpression, the individual becomes a user (the "User") and is automatically subject to these License Terms and Conditions (the "Terms").
The User should read these Terms carefully before accessing or using the Products, especially because this Terms sets forth restrictions on the use and exploitation of Audioxpression Products. Any Products offered by Audioxpression may only be used in accordance with these Terms.
The User can access the most current version of the Terms at any time on this page. Audioxpression reserves the right at its sole discretion to update, alter, or replace any part of these Terms at any time without previous notice.
The headings and titles used herein are included for convenience only and will not limit or affect these Terms.
To use the Website and access the Products, the User must create an account and submit specific and correct information, including, but not limited to, username, password, email address, and billing information. It is the User's responsibility to keep updated their personal and/or billing information.
By accepting the Terms, the User understands, represents, and warrants that:
(I) has the full civil capacity to enter into contracts such as this Term, including being 18 years of age or older, if Brazilian, or the minimum age determined by the user’s jurisdiction (country or state) that determines such age as the civil majority;
(II) shall keep confidential its accesses to the Website and if any third party make use of its logins and usernames, User shall be fully liable for any third party's actions or omissions, without prejudice to the other provisions of this Section;
(III) will not use Products, tools, and services made available by Audioxpression for any illegal or unauthorized purpose, and will not violate any applicable laws of competent jurisdiction (including but not limited to copyright laws);
(IV) all information provided by the User is true, current, correct, and accurate, including information submitted as part of the registration process;
(V) Audioxpression may act as an intermediary in licensing to Users certain assets made available by foreign nationals.
The User is solely responsible for the security of its account and login details, and Audioxpression shall have no liability for any losses arising from unauthorized use of the User's account or personal data. The User agrees to indemnify Audioxpression, its officers, directors, employees, third-party content providers, licensors, or any third party for any improper, unauthorized, or illegal use of its account or personal data.
THE RIGHTS GRANTED BY AUDIOXPRESSION TO THE USER BY REASON OF THE PURCHASE OF PRODUCTS THROUGH THE WEBSITE ARE INTENDED SOLELY FOR THE USER, AND ARE NOT TRANSFERABLE. THE USER IS PROHIBITED FROM TRANSFERRING AND/OR SELLING AND/OR SUBLISENCING THE PRODUCTS TO THIRD PARTIES AND/OR MAKING THEM AVAILABLE ON ANY FILE-SHARING NETWORK.
2. General Terms
The rights to use the Products will automatically terminate, without previous notice, if the User breaches any provision of these Terms.
Audioxpression may modify or discontinue at any time without previous notice, at its discretion, making available, licensing, and/or intermediating any Products (or any part or content thereof), at its sole discretion. Audioxpression shall not be liable to the User or any third party for any modification, alteration, suspension, or discontinuance of its Products (or any part or content thereof), or for any information made available on this Website. Audioxpression is under no obligation to update, correct, or clarify information contained on the Website and/or the Products offered on the Website or any related site.
Audioxpression reserves the right to correct, amend or update any information containing typographical errors, inaccuracies, or omissions on the Website and/or the Products offered on the Website, including product descriptions, prices, promotions, offers, and availability, and to cancel orders previously submitted.
Audioxpression may freely limit the number of its Products offered, or limit them to any person, geographic region or jurisdiction.
Any Products purchased on the Website will be delivered digitally over the Internet and will not be shipped to User as physical merchandise.
The intellectual property rights in all Products, trademarks, logos, publications, videos, text, images, photographs, layouts, designs, audios, recordings, compositions, samples, sample packs, sample libraries, plugins, and any other elements and/or content contained on the Website or in the Products are owned by Audioxpression or third parties other than the User, and their availability, license or use through the Products does not represent any transfer of ownership to User or any third party, and therefore they may not be used without the prior, express permission of Audioxpression and the respective owner.
The Products and all rights therein, including copyrights, are owned by parties other than the User and are licensed to the User as the end user, without any exclusivity, for use as presented in these Terms. All rights not expressly granted to the User are reserved exclusively to Audioxpression or third parties other than the User.
The Products offered and marketed by Audioxpression are not sold or assigned to the User, so there is no ownership transferred to the User, but rather are licensed to the User for use solely in the User's musical productions. Users may use the Products in combination with other sounds to produce audio files, and combine the Products with other musical recordings or sounds, for commercial or non-commercial purposes.
The User is prohibited from using the Products or any part of it, such as in sound effects and as loops, and/or commercializing or incorporating the Products, either solely or in combination with other audio files, and/or as part of any product competing with the Products, in any format.
The User is strictly forbidden to copy, duplicate, distribute, redistribute, market, license, transfer, publish or transmit any Product or portion thereof "as is" or in its original format, i.e. without the inclusion in a musical work and/or phonogram created by it, by any method or means including, without limitation, online, digital or physical media. Additionally, the User agrees not to reproduce, duplicate, copy, offer, sell, resell or exploit any portion of the Products, the use of the Products, or the access to the Products without Audioxpression's express prior permission.
Without prejudice to the other provisions set forth herein, the User is prohibited from using the Website or its content for (a) any unlawful purpose; (b) to solicit third parties to perform or participate in any unlawful acts; (c) to violate any local international, federal, provincial or state regulations, rules, laws or ordinances, as applicable under applicable law; (d) to infringe or violate the intellectual property rights of Audioxpression or third parties; (e) to submit false or misleading information; (f) to collect or track personal information of third parties.
The User agrees to restrict the access of any backup it may create with licensed Products to prevent unauthorized use. If the User becomes aware of any distribution of unauthorized use of the Products, the User must immediately notify Audioxpression by e-mail.
4. Payments and Taxes
By registering on the Website and using the Products offered on the Website, the User agrees to pay the prices listed, and any other fees or monthly charges expressly stated on the Website. Payments made by the User are non-refundable.
Prices for Products offered by Audioxpression are subject to change at Audioxpression’s sole discretion without previous notice.
The prices indicated on the Website do not include any taxes or third-party processing fees, and the User is responsible for collecting and paying any applicable taxes and charges.
5. Limitations of Liability
Audioxpression, its suppliers, and service providers do not warrant (a) that the Website or the Products will be made available uninterruptedly; (b) that use of the Website or the Products will be completely error-free; and (c) the uptime, data security, accuracy and reliability of the Website and the Products. The Website and all Products are provided "as is" and "as available" for use, without any representation, warranties, or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability and non-infringement. The User expressly agrees that its inability to use the Website and the Products is the User’s responsibility.
In no event shall Audioxpression, its shareholders, directors, officers, agents, employees, licensors, assignors, licensees, suppliers, or service providers be liable for any injury, loss, claim or any direct or indirect action, or any damages whatsoever resulting therefrom, including, without limitation, lost profits, loss of a chance, or any similar damages, whether based in contract, tort (including negligence) or strict liability, arising out of the use of any of the Products, the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Website, the Product or any content made available thereby, to the fullest extent permitted by law.
The User agrees to indemnify and hold Audioxpression, its shareholders, directors, officers, representatives, employees, collaborators, licensees, suppliers or service providers, and any other related third parties harmless from any claims, demands, losses, damages, fines, and penalties, including court costs, attorneys' and legal fees, due to any third party due to any direct or indirect action, omission, or breach by User of these Terms, any provision of law, or any third party rights under applicable law.
7. Personal Data
Any personal information of the User will be collected, used or stored in accordance with the related legislation. Audioxpression will store the User's personal data for the period established by the applicable legal provisions. No personal information will be transferred to third parties, except as provided by mandatory legal provisions or for the purpose of filing legal claims or judicial or extrajudicial defense. Credit card information is always encrypted during transfer over networks.
If any provisions of these Terms are found to be void or invalid, such invalidity shall not invalidate these Terms or the other provisions hereof, which shall remain in full force and effect.
The failure of Audioxpression to exercise or enforce any right or provision of these Terms shall not be construed as a novation or waiver of such right or provision, and Audioxpression may exercise its rights at any time.
These Terms and any policies or operating rules posted by Audioxpression on the Website set forth the entire agreement between Audioxpression and the User concerning the use of the Products and the Website, superseding any prior agreements and communications (including, but not limited to, any previous versions of these Terms).
These Terms will remain in effect until terminated by Audioxpression or the User. The User may terminate these Terms at any time by notifying Audioxpression or ceasing use of the Products or the Website. However, the parties' obligations and liabilities incurred before the date of termination of these Terms will survive termination for all purposes.
If in Audioxpression's sole judgment the User's breach of any provision of these Terms is suspected or actual, Audioxpression may terminate these Terms at any time, without previous notice, by denying User’s access to the Website, Products, or any portion thereof, and the User will remain liable for all of its direct or indirect actions, omissions or violations as described in these Terms and for amounts due through the date of termination.
These Terms and any policies or operating rules published by Audioxpression shall be governed by and construed following the laws of the Federative Republic of Brazil. Any questions arising from these Terms shall be submitted exclusively to the Central Forum of the Judicial District of Juiz de Fora, Minas Gerais, and the parties renounce any other, as privileged as it may be.