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Terms and conditions of use / Legal Advise

Terms and conditions of use


1.            Introduction
1.1          These terms and conditions shall govern your use of our website.
1.2          By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3          Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].


2.            Credit
2.1          This document was created using a template from SEQ Legal (http://www.seqlegal.com).


3.            Copyright notice
3.1          Copyright (c) 2016 Noiseu Produccions SLU.
3.2          Subject to the express provisions of these terms and conditions:
(a)          we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)          all the copyright and other intellectual property rights in our website and the material on our website are reserved.


4.            License to use website
4.1          You may:
(a)          view pages from our website in a web browser;
(b)          download pages from our website for caching in a web browser;
(c)          print pages from our website;
(d)          stream audio and video files from our website
(e)     download demos of the original audio files;
(f)     buy audio files and licenses of the audio files; and
(g)          use our website services by means of a web browser,
                subject to the other provisions of these terms and conditions.
4.2          Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3          You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4          Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5          Unless you own or control the relevant rights in the material, you must not:
(a)          republish material from our website (including republication on another website);
(b)          sell, rent or sub-license material from our website;
(c)          show any material from our website in public;
(d)          exploit material from our website for a commercial purpose; or
(e)          redistribute material from our website.
4.6          Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7          We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.


5.            Acceptable use
5.1          You must not:
(a)          use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)          use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)          use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)          conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e)          access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f)           violate the directives set out in the robots.txt file for our website; or
(g)          use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
additional list items
5.2          You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3          You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.


6.            Purchases
6.1          There are the website's links to outside pages where to buy products Noiseu Produccions. In any case, the website or Noiseu Produccions Noiseu never be liable or responsible for these sites, their operation or any errors that may provoke in those sales.
However, in case of technical issues or errors on the websites, or in case where the Audio Files are corrupted, contact with Noiseu Produccions at : noiseuproduccions**@**gmail*.*com (remove the *)
6.2          Prices are unique and fees are included or not depending on your country and the laws. The price breakdown is available on the invoice.


7.            Refunds
7.1          Noiseu Produccions SLU cannot accept cancellation of any orders for digital downloads, nor to offer any refund for such orders, once the purchaser has commenced downloading. Each of the Audio Files has a sample, demo or preview that is available for the Licensee's evaluation before purchasing and that clearly demonstrates the content of each audio file, thereby giving the purchaser a clear understanding of what is being purchased.
7.2          However, in case of technical issues or errors on the website*, or in case where the Audio Files are corrupted, contact with Noiseu Produccions at : noiseuproduccions**@**gmail*.*com (remove the *)


8.            Indemnification
8. 1         You will defend, indemnify and hold harmless Noiseu Produccions SLU, from and against any and all liabilities, and will pay all costs including attorneys’ fees arising from or related to: your breach of this Agreement; and any claim that your act or omission in performance of this Agreement or with respect to any Audio File or Material constitutes an infringement or violation of any law or regulation.


9.            Demos and preview files
9. 1         The previews or demos of Audio Files are available for download on the website, are for internal testing and client approval purposes only and cannot be used for any other purpose. You cannot use this demos in commercial or personal projects.
9. 2         The sample file has a watermark: "This is a preview" as a security measure, this watermark is not in the original audio file, which is served in .wav format, without watermarks.


10.          Limited warranties
10.1       We do not warrant or represent:
(a)          the completeness or accuracy of the information published on our website;
(b)          that the material on the website is up to date; or
(c)          that the website or any service on the website will remain available.
10.2       We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3       To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.


11.          Limitations and exclusions of liability
11.1       Nothing in these terms and conditions will:
(a)          limit or exclude any liability for death or personal injury resulting from negligence;
(b)          limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)          limit any liabilities in any way that is not permitted under applicable law; or
(d)          exclude any liabilities that may not be excluded under applicable law.
11.2       The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a)          are subject to Section 11.1; and
(b)          govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3       To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4       We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5       We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6       We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7       We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8       You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11.9    Neither Noiseu Produccions SLU nor any of its affiliates (authors or artists) will be liable to you for any damages arising out of this Agreement, including without limitation your use or reliance on the Website or any Audio File or Material, even if Noiseu Produccions SLU has been advised of the possibility of such damages.


12.          Breaches of these terms and conditions
12.1       Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)          send you one or more formal warnings;
(b)          temporarily suspend your access to our website;
(c)          permanently prohibit you from accessing our website;
(d)          block computers using your IP address from accessing our website;
(e)          contact any or all of your internet service providers and request that they block your access to our website;
(f)           commence legal action against you, whether for breach of contract or otherwise; and/or
12.2       Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.


13.          Variation
13.1       We may revise these terms and conditions from time to time.
13.2       The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
13.3       If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.


14.          Assignment
14.1       You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2       You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.


15.          Severability
15.1       If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2       If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


16.          Third party rights
16.1       A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2       The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.


17.          Entire agreement
17.1       Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.


18.          Law and jurisdiction
18.1       These terms and conditions shall be governed by and construed in accordance with Spanish law.
18.2       Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Spain.


19.          Our details
Noiseu produccions S.L.U.
C.I.F.: B27.746.643
Travesía de Vigo 163 5a
36206 Vigo
Pontevedra
Telef: (+3*4)*6*6*6*8*55*2*05  (Remove the *)
Email: info*@*noiseu.com // info*@*noiseu.net (Remove the *)