Terms and Conditions of using distance services offered by Soundimage.

§ 1. Definitions

Music Tracks - digitally recorded music and sound effects.

Sound Files - Music Tracks saved as audio files in MP3 or WAV formats.

Demo Versions - Music Tracks that are available free of charge as low-quality audio files, in order to be played back on a Soundimage website and to present offer of Soundimage, available for download and not to be copied for other parties, and that are not intended to be used for recording, copying in any way, processing or converting together with any other works.

Music Library - Website located at www.soundimage.eu presenting the offer of Soundimage.

Soundimage - The Soundimage Company, represented by Wojciech Panufnik, with its registered seat in Warsaw, 03-140, ul. Odkryta number 55 d, apt. # 24, using REGON (the National Official Register of Business entities) number: 140821990, incorporated in the Register of Business Activities run by the Warsaw City Hall, number 441331, the owner of www.soundimage.eu.

User - any entity using the Music Library.

Licensee - any entity entering into Royaltyfree Licence Agreement with Soundimage.

Royaltyfree License Agreement - an agreement which is available at the home page of the Music Library, entered into by the Licensee and Soundimage upon the Licensee paying the License Fee resulting in purchasing non-exclusive license for the Music Tracks.

License Fee - one time, non-returnable free, paid by the Licensee prior to entering into the Royaltyfree License Agreement.

Registration form - an online form available at the Music Library web pages, through which a User sends any necessary information for the performance of services offered by Soundimage.

§ 2. General Provisions

1. By using the Music Library and other services performed by Soundimage, the user accepts the following Terms and Conditions.

§3. Subject and scope of services

1. Soundimage offers the Users and Licensees the following services:
a. the availability to play back low quality Demo Versions of the Music Tracks that are located in the Music Library, with no right to use them elsewhere or in any other manner (hereinafter referred to as "the Service of Access to the Demo Versions").
b. after paying the License Free, the availability to purchase non-exclusive license for certain compositions mentioned in a. in full, high quality version and a quality not lower than mp3 256kbps, stereo (hereinafter referred to as "Full Version Access Service").
c. the option to purchase a License online. This License applies to compositions mentioned in b. (hereinafter referred to as "Online Payment Service").
2. Using the Full Version Access Service requires the User to:
a. register with the Soundimage using the Registration Form
b. listen to the Demo Versions of the Music Tracks a non-exclusive license to which the User desires to purchase
c. get acquainted with the Royaltee License Agreement and accept its provisions
d. pay the License Fee in advance

§ 4. Technical requirements

1. Soundimage guarantees the improvements in the Music Library, provided that the User is using software that complies with the following specifications:
a. Microsoft Internet Explorer (not lower than 6.0) or Mozilla Firefox (not lower than 2.0).
b. Adobe Flash Player (not lower than 7.0) installed with a browser mentioned in a)

§5. Liabilities and obligations of Soundimage

1. Once the License Fee is paid for by the Licensee, and the registration of this is successfully acknowledged by the online payments system, Soundimage undertakes the liability to forward a notification to the Licensee to Licensee's email address indicated in the Registration Form with an email address to which the Sound Files shall be sent in order to be downloaded by the Licensee based on the non-exclusive license and the Royaltyfree License Agreement.
2. Soundimage undertakes the obligation to protect its servers from any unauthorized access in order to protect the User's data and personal details, as well as to maintain the highest quality of the www.soundimage.eu website, including the quality of the Sound Files.
3. Soundimage hereby states that the data and information mentioned in section 3 shall be used in compliance with the Personal Data Protection Act, the Online Services Act and the Rules of Safety and Privacy Protection Policy available at http://www.soundimage.eu/privacy.php

§ 6. User's liabilities and obligations

1. The User states that all details and information given in the Registration Form are true and accurate.
2. The User is obliged to provide Soundimage with details necessary to allow Soundimage perform its services properly, as well for invoicing purposes. The User is obliged to provide all the necessary information required by the provisions of Online Services Act.
3. The user is solely responsible for the results of providing inaccurate or untrue information.
4. Services provided by Soundimage are provided solely for the use of the User. In conjunction with the above, the User is not authorized to provide Soundimage's services to third parties without a prior written permission from Soundimage.

§ 7. Payments

1. Payments for services ordered at www.soundimage.eu are operated by external companies:

a. DialCom24 s.c., responsible for www.przelewy24.pl
b. PayPal (Europe) S.a r.l. & Cie, S.C.A. ("PayPal Europe") responsible for www.paypal.pl

with which Soundimage cooperates in the field of online payments.

2. Payment processing is handled via redirecting a User or a Licensee to a online payments company's website.
3. The User makes all payments for Services provided by Soundimage according to the Royaltee License Agreement and the provisions of herein. .
4. The license fee is non-returnable.

§ 8. Complaints and technical support

1. All comments and remarks in respect to the Music Library and the services as such shall be reported via the contact form available at Music Library site.
2. Complaints shall be reported via the contact form available at www.soundimage.eu. Soundimage commits itself to resolve all complaints immediately, not later than within 21 days.
3. Complaints shall be made in writing and sent via mail to Soundimage's mailing address.

§ 9. Reservations- disclaimer of liability

1. Soundimage shall not be held responsible for any losses suffered by the User as a result of loss of data or delays in receiving or sending data caused by factors beyond the control of Soundimage.
2. Under no circumstances shall Soundimage be held responsible for any losses suffered directly or indirectly by the User that are result of using, or impossibility to use services provided by Soundimage, including the loss of profits, breaks and interruptions on company's operations, loss of commercial information or any other financial losses, even if Soundimage was informed of a possibility of such losses and/or damages. This reservation does not apply to losses and/or damages inflicted on purpose.
3. Soundimage shall not be held responsible for failing to process an order or any unsatisfactory performance of services and any causes inflicted by the www.soundimage.eu website or the module that occurred as a result of force majeure, faulty equipment of the User and defective Internet connections, as well as those inflicted by the User's actions or nonfeasance or the a actions or nonfeasance of a third party.

§ 10. Final provisions

1. Soundimage reserves the right to introduce limitations to its services should it be necessary due to maintenance, software updates for the Soundimage website or database updates.
2. To all matters not settled herein or by the RoyaltyFree License Agreement, the provisions of the Civil Code, the Online Services Act, the the Copyright Law and Neighbouring Laws Act, International Agreements signed Poland and other common law provisions that may apply shall be used.
3. The following terms and conditions shall be effective as of June 1, 2008 and valid until revoked, or until the new version is introduced by Soundimage and published herein.

Previous versions of the terms and conditions:
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