TERMS AND CONDITIONS
Please read these terms and conditions before ordering any products from our Site.
This page tells of the terms and conditions under which Passion Connection LTD. licenses the products on our websites www.modulesshop.com, (the Site or the Website) to you, the user.
Please understand that by ordering any of our products you agree to be bound by these terms and conditions. It is a contract between you, the user and us Passion Connection LTD.
We hope you find these terms and conditions acceptable. If you disagree with any part of these terms and conditions, do not use our Website.
1. INFORMATION IN THE PRODUCTS
While all reasonable efforts are taken to ensure that the information is accurate and complete at all times we make no warranties or representations as to the accuracy or completeness of the walk and we are not responsible for any errors or omissions or for the results obtained from the use of such information. The information does not constitute any form of advice or recommendation.
2. PRICES AND PAYMENTS
All prices quoted are unit prices, either in Pound Sterling in Euros, US Dollars, Polish Zlotys. We are not VAT registered. We do not provide price protection or refunds in the event of a price drop or promotion.
All payments are made by Paypal, Moneybookers, bank transfer, credit or debit cards. Your card will only be debited when the samples files are made available to you to download.
If the issuer of your card refuses to authorise payment we will not accept your order and will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Unless otherwise stated, Passion Connection LTD. or our licensors own the intellectual property rights in the Website and materials on the Website. Subject to the licence below, all our intellectual property rights are reserved.
3.2 These include but are not limited to any adaptation, upgrade or update of samples.
The name modulesshop, trademarks, trade names and domain names, rights to goodwill, rights in designs, rights in computer software, database rights, rights in any confidential information, in each case whether registered or unregistered, such rights subsist in any part of the world.
3.3 You will not obtain any right, title or interest in these intellectual property rights by purchasing the licence to use the products or by using or exploiting the products on our Site.
3.4 All content includes on the Site such as text, graphics logos button icons images audio clips digital downloads and software are all owned by Passion Connection LTD. unless otherwise stated and are protected by international copyright laws.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
4. TERMS OF THE LICENCE
The Sounds (or Music Samples) constitute the exclusive property of their manufacturer and/or Passion Connection LTD. (herein jointly referred to as the "Licensor") and are licensed to you as the original end-user ("Licensee"), for use subject as hereinafter provided. Any and all rights not expressly granted under this licence are reserved exclusively to the Licensor.
If you are a corporate customer (Studio, College, School, or other institution) see point 4.6.
For use of free samples see point 4.7.
Fields of use within which the Licensee may use Sounds/Music Samples purchased through the Site, unless the Licence for a given product provides otherwise:
4.1. The Licensee may use the Sounds/Music Samples in combination with other sounds in music productions (which include soundtracks of such as films, video productions, radio/TV programs or commercials, computer games and multimedia presentations, library music), public performances, and other reasonable musical purposes within musical compositions.
4.2. The Licensee is authorized to modify the Sounds and use the Sounds for commercial purposes as part of a musical composition in combination with other sounds.
4.3. The Licensee shall not have the right to use the Sounds in isolation as sound effects (i.e. a sequence of musical events) or within any competitive products that are sold or re-licensed to multiple third parties. In such scenarios, the Licensee must apply to Passion Connection LTD. for an extension of the licence.
4.4. Exclusively the Licensee is authorized to use the sounds. The right of the Licensee is NOT transferable. Any resale, re-licensing or other forms of distribution of the Sounds, either as they exist or modified, are strictly forbidden. You are not authorized to sell, loan, rent, lease, assign, upload to or download from any server, or transfer any of the sounds to another user, or for use in any competitive product.
4.5. The Licensor shall not be liable for fitness of the sounds for a particular purpose of the Licensee.
4.6 In case of a CORPORATE CLIENT:
The Licence regulates issues regarding the release of original tracks using the sounds and produced by the establishment or studio name. It is possible to add individual names. In case any individual within the organisation has the intention to use the sounds as produced under his or her own name, he/she must obtain a licence agreement purchasing another product. Institutions and establishments, such as schools, colleges or educational establishments, may purchase a multi-user licence for which we may grant a discount. If you are a corporate client and you have any questions, contact us at the email address [email protected]
4.7 The licence with FREE SAMPLES:
In order to give you a sense of what is included in the full release package we provide you with free samples. Such samples serve exclusively demonstration purposes and you are not authorized to use them for any commercial purposes.
You are entitled to use the samples and sounds freely for any non-commercial purposes. However, in case you intend to make any profit whatsoever on the samples you download, you need to purchase a non-transferable lifetime royalty-free licence. Namely, if you intend to release a track, or use the sounds in a manner related to making a profit, you need to purchase the product obtaining your lifetime licence to use the sounds for commercial purposes.
Should you have any questions concerning the licence, the manner how to use it or any other questions, please email us at the email address [email protected].
5. USE OF PRODUCTS
5.1 The standard licence in case of PAID SAMPLES:
Who else can use the sounds from the product that I purchased?
Exclusively the ORIGINAL PURCHASER has the right to use the sounds commercially, whereas, you are not authorized to SELL the sounds, neither to provide them free of charge to any third parties. If you do so, such a third party will have the obligation to pay royalties to Passion Connection LTD. in case of commercial use of the sounds. You violate the law by doing so and you may be liable to a heavy fine. Furthermore, you are not authorized to place the samples on a torrent or file sharing network/websites.
5.2 In consideration of your payment to us of the relevant fee for the product, we grant you a non-exclusive licence to download one product andmake a one copy of the product for your own back-up purposes.
5.2 You agree for yourself or through any third party not to distribute, sell, lend or commercially exploit all or any part of the product or the Website except as permitted by this agreement, disassemble, decompile, adapt, modify or merge all or any part of the product. You are not allowed to make any modify all or any part of the product with indention of further distribute, sell.
5.3 Undertaking modulesshop products are undertaken at your own risk. In no circumstances will Passion Connection LTD. or any of its officers, directors or employees be responsible any direct, indirect or consequential loss or damage incurred by any user of any samples. This includes without limitation, loss of income, data losses, accidents while listening to the content, damages to your audio/computer devices or data stored on them arising from downloads or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You agree to indemnify from all claims, liability, damages and /or costs (including without limitation legal fees) arising from your use of a head to modulesshop.com samples or if you do not comply with the terms of this agreement.
Passion Connection LTD. strongly advises that you, the user take all necessary precautions whilst undertaking the walk, remaining alert and vigilant of your surroundings at all times.
6. DOWNLOADING modulesshop PRODUCTS
6.1 Once your payment has been processed via the Website product can be downloaded for a period of 72 hours. After this period has elapsed we regret that you will be unable to download the product unless we agree in writing.
6.2 We do not warrant that our Website or the servers that make it available will be uninterrupted or error free or that you will be able to access your account to download the product at all times.
6.3 We shall not be liable for any failure of the product to perform if you do not comply with the minimum technical requirements set out on our Website.
6.4 If you are unable to download the product please contact our customer support by e-mail on [email protected]. Be sure to identify yourself and provide details of the problem encountered.
6.5 Passion Connection LTD. reserves the right at its sole discretion to refuse to authorize any download; in that event any payment received will be repaid.
7. MISUSE OF modulesshop WEBSITES
7.1 You must not misuse our by Site 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 other 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.
7.2 In the event of such a breach, your right to use our Site will cease immediately.
7.3 Access to certain areas of our Website is restricted. We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion.
7.4 If we provide you with a user ID and password to enable you to access restricted areas of our Website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
7.5 We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Website or any other contractual obligation you owe to us.
8. PASSION CONNECTION LTD. LIABILITY
8.1 Passion Connection LTD. liability under this agreement shall not exceed the purchase price of the product you purchase.
8.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
8.3 In no circumstances will Passion Connection LTD. or any of its officers, investors, directors, or employees, be responsible for any amount or kind of loss or damage that might result to you or a third party including without limitation direct, indirect, or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results in the use of the Site and any websites linked from/to it and any materials posted on it. This includes without limitation, loss of income, data, profits, goodwill, contracts, use of money or loss or damages arising from or connected in any way to business interruption, accidents while listening to the content, damages to your audio/computer devices or data stored on them arising from downloads or due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any website linked from/to the Site or for any other loss or damage of any kind, however arising and whether caused by tort(including negligence), breach of contract or otherwise, even if foreseeable.
8.4 Where the product contains links or references to other sites and resources provided by third parties, these links or references are provided for your information only. Any dealings you have with such third parties shall be on their terms and conditions (if any). Please do not direct to us any concerns regarding the material provided by them.
8.5 Passion Connection LTD. not be liable for any loss or damage caused by distributed denial-of – service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or any website linked from/to it.
8.6 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the Website remains available or that the material on this Website is kept up-to-date.
9. TERMS AND TERMINATION OF LICENCE
9.1 This agreement will continue indefinitely but will cease immediately and automatically if you fail to comply with any of the terms and conditions set out in this agreement. In that case you will have to destroy all material copied or downloaded from our Site(s) and confirm to us in writing that you have done so.
9.2 If we fail at any time during the term of a contract to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
9.4 You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent.
10.1 Head to foot may revise these Terms and Conditions at any time without prior notice by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions by which you are bound.
10.2 When using our Site, you accept that all communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website.
10.4 All other questions, comments or enquires should be directed by e-mail to [email protected]
11. GOVERNING LAW
English law will govern contracts for the purchase and sale of the products through the Website. Any dispute arising from, or related to, such contracts shall be subjected to the exclusive jurisdiction of the courts of England and Wales.
12. RETURNS AND CANCELLATIONS POLICY
We offer non-tangible irrevocable goods. The products purchased are not refundable. There are no cancellations of online orders. However, there are cases when the refund can be issued:
- the product was not delivered (mailing issues)
- it was damaged (files corrupted) and we can't provide you with the completely working files
All payments made on www.modulesshop.com, are not refundable.
If you are in any doubt as to the suitability of the product you are ordering, please listen to the demo of the product on this Website or contact us directly for more information.
13. INFORMATION ABOUT US
Passion Connection LTD.
Chris Aria House, 1 Turnpike Lane
London N8 0EP
Websites www.modulesshop.com, are owned by Passion Connection LTD. All rights reserved.
Email: [email protected]
Last modified April 2013
Do not duplicate or redistribute in any form.