TERMS OF USE

GERMAN / ENGLISH

Any person or organization (“user”) who visits, uses or otherwise accesses the website at www.resonance-sound.com (the “website”) or uses any information contained on the website agrees to the following General Terms and Conditions of Resonance Sound UG (haftungsbeschränkt) and is bound to them. Please read the following conditions carefully. If you do not agree to these terms, you may not use the website. The collection, use and disclosure of your personal data is subject to our data protection guidelines (including our cookie guidelines) and updates and can be accessed at our privacy policy page.

These terms should be read in conjunction with our website terms of use and our privacy policy. Please note that all Digital Content is licensed to you and not sold. The following licence applies to all of your use of such materials: License Agreement

1. www.Resonance-Sound.com
This website, together with all products, data and other materials (“content”) contained on the website, is the property of or is licensed by Resonance Sound UG (haftungsbeschränkt), Hauptstraße 25, 96190 Untermerzbach/Germany. Resonance Sound UG (haftungsbeschränkt) is referred to in this visitor contract as “we”, “us”, “our”, “company” or “Resonance Sound”.

2. Use of the site
This site is only intended for the purposes stated on the site. Use of the website and / or the content is entirely at your own risk.
Please note that while we strive to provide and host accurate and useful information, the content may be inaccurate and subject to changes that are often made at very short notice. Resonance Sound reserves the right, at its sole discretion, to edit or delete documents, information or other content on the website. Resonance Sound undertakes no obligation to update the content of this website and the content of this website is subject to change without notice. Such a change applies to all users from the date and time that these revised terms were published on the website. Continued use of the website or services by the user constitutes consent to such changes or other changes.
All content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and is not intended as specific commercial or legal advice. In particular, Resonance Sound assumes no liability for the correctness, topicality, completeness or accuracy of the website or the content, including without restriction of viruses or other harmful elements.

Resonance Sound recommends that you enable virus scanning for downloaded files and keep a backup copy of your hard disk content at all times. You acknowledge that the Internet is not a secure medium and that we are in no way responsible for any loss or damage caused by viruses or other harmful software that can infect your computer equipment, software, data or other property caused by people who access or use our service. Although we always do our best to avoid this, some products are sometimes advertised on the website even if they are no longer available. If you encounter or learn of any offensive content posted anywhere on the site, please report this material (and the page it is found on) here: Contact formular

3. Registration
You can register on the website and set up an account to access additional features. To register on the website, you must agree to the terms of the Registered User Agreement of the Privacy Policy, keep your password secure and confidential, and not allow anyone to use your email address or password to access the website, agree not to do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. You are responsible for everything that happens to your account unless you close it or report abuse. All personal information that you provide to us will be treated with reasonable care and security in accordance with our Privacy Policy.

4. Account abuse and misuse
You are responsible for all activities that occur through your account. Please inform us immediately if you become aware of any unauthorized use of your account. You may not: Share your account information and/or use someone else’s account. Violation of these terms may result in the denial of service and / or termination of all licenses in the person’s account.

5. Ownership of content
Unless otherwise stated, Resonance Sound owns or controls all relevant rights to the site and the content (including texts, information, content, reports, (database) graphics, interfaces, websites, (zip)files, product names, company names, logos, trade-marks and trade-names contained on this website, including how the content is displayed / how it appears. All related information are the property of their respective owners, as indicated, of the company’s copying, distribution, use or publication content or parts of the website provided by you, unless this agreement provides for this, is strictly prohibited. Resonance Sound products are for personal use only and may not be passed on to third parties or uploaded to a file sharing website or for resale or public transmission unless mixed into your own original music productions. Automated or other electronically-assisted downloading software (other than provided by Resonance Sound) may not be used in any way in connection with the website and the use of such software is strictly prohibited. The content is subject to change at any time, and Resonance Sound makes no guarantee or warranty that a particular content item will be available at a specific time (or at all).

6. Links
The site may display or refer to links to other websites from time to time. Resonance Sound does not endorse or accept any responsibility for the content of such websites, is not responsible for the availability of such websites and is in no way liable for any loss or damage that may arise from the use of such websites. If you visit linked websites, this is at your own risk. Other websites can link to Resonance Sound. This is not a sponsorship or endorsement of Resonance Sound’s products or services unless the connection from the other website to Resonance Sound does not misrepresent your connection / relationship or provide incorrect information about Resonance Sound, does not infringe any intellectual property or other rights of any person and all relevant laws and regulations are observed. However, please also note that Resonance Sound reserves the right to withdraw this permission at any time and / or take other appropriate measures.

7. Hacking
You agree not to attempt to damage, refuse, hack, crack, reverse engineer, or otherwise interfere with the Website in any way (otherwise known as a “disruption”). If you interfere with the website in any way, you agree to pay for any damage that may result from Resonance Sound. Resonance Sound will work with the authorities to track users who intervene in the website or otherwise attempt to defraud Resonance Sound or other parties through the use of the website or the services provided through the website by the user. Resonance Sound reserves the right, at its sole discretion, to deny users access to or provision of any service at any time. The user agrees that we can block the user’s IP address or addresses at any time and, at our own discretion, prohibit further use of the website by the user without prior notice. We reserve the right, at our sole discretion, to take appropriate measures regarding violations or enforcement of this Agreement, and we expressly reserve all rights and remedies that are available to us by law or equity.

8. Trademarks
The brand, product and service names used on this website (including, but not limited to, “Resonance Sound”) are trademarks or trade names of Resonance Sound or its esteemed trading partners unless otherwise stated. You may not distribute, sell, or otherwise use or reproduce any product, offer service, or reference to such brands, trade names or slogans without the prior written consent of Resonance Sound.

This website may contain references to external brands, franchises plugins or specific instruments for clarification and description purposes only; if e.g. a sample collection contains sounds reminding of a certain instrument, such a reference would be used to help the user understand better the product content as well as to aid making a purchase decision, minimizing the risk of aquiring a product not suiting the buyer’s purpose. Resonance Sound does not have (or claim to have) any connection with these external references. Resonance Sound is in no way liable regarding sample composition/content or regarding accuracy of the description.

9. Limitation of liability
The user agrees that the liability of Resonance Sound towards the user within the scope of this agreement is limited to the amount that the user has actually paid Resonance Sound for its services. Nothing in this agreement is intended to limit or exclude liability for death or personal injury caused by Resonance Sound’s negligence.

10.Compensation
The user undertakes to compensate Resonance Sound for any loss or damage that Resonance Sound incurs through the use of the website by the user or through the use of the information obtained via the website, in particular for legal costs.

11.Law and jurisdiction
These terms are governed by German law and you can bring legal proceedings in respect of the products in the German courts.. The German courts are solely responsible for all disputes arising from or in connection with this contract.

12. Your information
By providing information to the site, you agree to provide us and / or the site with only true, accurate, and complete information. All personal information provided by users is treated with reasonable care and security. By registering on the website and accepting this agreement, you also agree and accept to our Privacy Policy.

13. Orders / our contract with you / delays
The contract between you and Resonance Sound or the purchase of Products is formed in each case only when we accept your payment and make such Products(s) available for you to download and/or delivery. We accept your order when we send you an e-mail to accept your order or when we provide you with the relevant product links, whichever is the earliest, at which point a contract will come into existence between you and us. Please note that we may reject an order if we cannot accept it. This could be due to an error in the price or description of the product, unavailability, technical problems, or license restrictions, such as our ability to sell it. In this case we will inform you and will not charge you any costs (and will refund you if your payment has already been made). We are not responsible for delays beyond our control. If our delivery of products is delayed due to an event beyond our control, we will contact you as soon as possible to inform you and we will take measures to minimize the impact of the delay. Provided that we do this, we are not liable for delays caused by the event. However, if there is a risk of a significant delay, you can contact us to terminate the contract and receive a refund for all products that you have paid for but have not received.

You understand that in order to purchase or license any product or service provided on the website, you must disclose credit card or other payment information (the “information”) to third parties, including but not limited to us (the provider). You agree that the provider could use the information to charge You for any purchased or licensed products or services through the website. The company reserves the right, at its sole discretion, to make any necessary updates, adjustmenrs and modifications at any time without notice of product descriptions, warranties, and prices for whatever reason, including, but not limited to, your or the company’s errors, product cancellations, changed costs, different/new market conditions or other factors/activities.
All prices are quoted in EURO including the statutory taxes and duties for sale in the Federal Republic of Germany. Different VAT rates apply within the EU depending on the destination country. The company will not deliver the products or services purchased or licensed through this website to you until the company has received full payment for those products.

14. Payment Options
We use PayPal and Stripe.

15. Use of products
All products (including sample packs, sound libraries, sample libraries, and others) are sold under the terms of the user license we grant (“User License”). The user license grants you the right to use the purchased loops and / or samples and integrate them into your original mixed music productions (royalty free – no additional fee or license fee is required for such integrated use). You agree and acknowledge that Resonance Sound has a protected interest in all sound recordings on or within the website and that any use by you will frustrate the purpose of this agreement or circumvent the Resonance Sound revenue model (including, but not limited to, sale, rental, or otherwise) the use or distribution of non-integrated content would likely inflict an irreparable loss on Resonance Sound in a manner that could not adequately compensate for the damage.

16. Digital content updates
We may ask you to update or update digital content provided that the digital content always matches the description we provided to you prior to purchase.

17. When you don’t give us the necessary information
We may need certain information from you so that we can deliver the products to you. If you do not provide us with this information within a reasonable time after we have asked you to do so, or if you provide us with incomplete or incorrect information, we may either terminate the contract or an additional reasonable fee raise to compensate us for the resulting extra work. We are not responsible for the late delivery of the products or the failure to deliver part of them if this is due to the fact that you do not provide us with the necessary information within a reasonable period of time after being requested to do so.

18. Payment and pricing
You can pay for purchased items using one of our approved debit or credit cards or one of our approved e-money providers. All prices are given in EURO and are valid until changed by Resonance Sound by publishing new or different prices on the website. If you order products and the price published on the website is not correct, we will contact you to inform you of the correct price and ask you whether we should continue to place your order at the correct price. You agree to this and acknowledge that the exchange rates change daily and that all exchange rates stated on the website only represent a current exchange rate and that you will be charged the exchange rate valid at the time.

19. Reasons why we may stop delivering products to you
We may have to suspend delivery of a product to handle technical problems or make minor technical changes or updates; or update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product that you have requested or communicated to us.

20. Missing payment
We can also suspend delivery of the products if you do not pay. If you do not pay us for the Products as you should and you still fail to make payment within five days after we have reminded you that payment is due, we may suspend delivery of the Products until you paid us the outstanding amounts. We will contact you to let you know that we are discontinuing delivery of the products.

21. No partnership
Your use of the website and / or its content does not create a partnership, client, trustee or other professional relationship.

22. Refunds
Due to the nature of the digital downloads, we only offer refunds on a case-by-case basis. Detailed information on our refund policy can be found at Refund Policy.
If you would like to request a return, please contact us and attach your invoice and all relevant information.

23. Entire agreement
This agreement constitutes the entire agreement between the parties regarding the subject matter of this agreement. There are no verbal or written agreements, agreements or representations that are not specified in relation to this agreement. Changes and additions to this contract must be in writing. This also applies to changes to this written form clause.

24. Privacy Policy
How we will use your personal information. Please note our data protection regulations here: Privacy Policy

25. Miscellaneous
a) The language in this Agreement is interpreted for its reasonable meaning and is not interpreted solely for or against any of the parties. The division of this agreement into sections and the insertion of headings are for illustration purposes only and have no effect on the interpretation or interpretation of this agreement.
b) All litigation arising out of or in connection with this Agreement will be conducted exclusively in Coburg, Germany. Place of performance and exclusive place of jurisdiction as well as for all disputes arising from this contract is our place of business. You expressly submit to the exclusive jurisdiction of these courts and agree to the extraterritorial delivery of processes. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
c) Severability clause: If any part, provision or provision of this contract is found to be unlawful, unenforceable or contrary to applicable law by a competent court, the remaining parts or provisions will remain in effect and will remain in full force and effect.

Contact Details:

RESONANCE SOUND UG (haftungsbeschränkt)
Hauptstrasse 25
96190 Untermerzbach – Germany
Phone: +49 (0)9533 / 1298
E-Mail: info[at]resonance-sound.com
Internet: www.resonance-sound.com

All rights reserved. Resonance Sound UG (haftungsbeschränkt)

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