Terms & Conditions

REGISTERED USER TERMS AND CONDITIONS – 36db Ltd

 

ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT www.36db.live (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("Agreement").

 

PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with, and by agreeing to this Agreement you expressly agree to the terms of, our Privacy Policy.

 

  1. Contracting parties. The Site, together with all content, data and other materials contained therein (“Content”) are owned or controlled by 36db Ltd (registration number 13448185), a company incorporated in England with its registered office at 36dB Ltd, 7 Dials Club, 42 Earlham Street, London, WC2H 9LA, United Kingdom. 36db Ltd is referred to in these terms and conditions as "we", "us", "our" or “36db”. When you register with (or otherwise access) the Site or the App, you are contracting with 36db Ltd.

 

  1. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via info@36db.live and we will close your account as quickly as possible. Please note that you will be responsible to 36dB and to others for all activity that occurs under your registration

 

  1. The 36db Service. 36db is an online service that allows users to browse and purchase downloadable pre-recorded sounds, sound effects, loops and samples and MIDI software files (“Products”) as offered on an a la carte or subscription basis from time to time (“Service”).

 

  1. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and uwp-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. 36db, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). Save as expressly set out in this Agreement, thew Site and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense. 36db will not be responsible if a Product does not fit your particular purpose.

 

  1. Licence for Download and Use of Products. By using the Service (and subject to your compliance with this Agreement), you are granted a non-exclusive, non-transferrable license to use the Products you download from 36db solely for use for or within new recordings or derivative works created by you PROVIDED ALWAYS that you use the Product(s) only within your own newly-created sound recording(s) in a manner that renders the Product substantially dissimilar to the original, assembled sound of the Product in each case. Products are for use only as described hereunder and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. Products may not be used in or in relation to any competitive products that are sold or relicensed to multiple third parties. The number of individual sounds provided to you within a purchased Product and the size of a downloaded file may be based upon the highest-quality format version of the relevant Product and other formats downloaded may vary in file size and number or volume of sounds contained (and in such cases, some versions may be provided with a different format).  Except as expressly permitted herein, to the fullest extent of applicable law you may not copy, modify, distribute, sell or lease any Product.

 

  1. Subscriptions. A User who opens an account, accepts this Agreement and pays the subscription fee shall be a Subscriber. As a Subscriber (and subject to the 36db Fair Use policy), the User may download Products as described below. Subscriptions will be renewed at the end of the agreed period, unless you cancel your Subscription following the procedure set out on the Site by no later than five (5) days before the end of the relevant period. 36db reserves the right to cancel, delete or suspend any Subscription in its own discretion without notice if we have reason to believe that you may have breached this Agreement. For the avoidance of doubt, when you cancel a Subscription you do not lose the licence to use the Products already downloaded, but all rights to further download Products will terminate with your Subscription.

 

  1. Pricing. Prices are as set out on the relevant pages of the Site from time to time. Prices (and availability of specific Products) are subject to change by posting new prices or notification of availability at any time. All prices are inclusive of VAT (or sales tax) unless otherwise stated. Please note that use of the Site may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.

 

  1. Payments. Payments may be by credit or debit card using Visa, MasterCard or PayPal (or other payment methods offered from time to time as detailed on the Service). All transactions are charged immediately. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order nor are we obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to your and that there are sufficient funds or credit available to cover the charges. By placing any order hereunder, you warrant and represent that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement. Please note that International payments and certain payment methods may give rise to higher payment processing costs

 

  1. Refunds. Due to the nature of downloadable products and these online services, no refunds are normally available. Any refund request will be considered in our sole discretion and our decision will be final. Nothing herein affects your statutory rights.

 

  1. Copyright. All rights not expressly granted to User are reserved. The Products are licensed, not sold, to you to be used only for (and reproduced within) your original musical compositions and productions only. All copying, lending, duplicating, re-selling or trading of any Product or other Content is strictly prohibited, save as used for or incorporated into your original created works as detailed below. Only the original purchaser of a Product has the right to embody and reproduce that Product within their music compositions and productions. This license is granted for a single user only (and is given on a worldwide basis). For the avoidance of doubt, no ownership of copyright is transferred by 36db to Users hereunder. You agree and acknowledge that 36db has a proprietary interest in all sound recordings on or within the Site and the App, and that any use by you that frustrates the purpose of this Agreement or circumvents the revenue model of 36db (including without limitation selling, renting, or otherwise using or distributing un-integrated Content) would likely cause irreparable loss to 36db in a way that could not be adequately compensated by damages.

 

  1. User Code of Conduct. You agree to obey all applicable laws in using the Site and the Content. You agree that you are responsible for your conduct whilst using the Service and (in relation to the Site) you specifically agree:

 

  • not to share content which you do not have the right to use or which infringes the rights of a third party;
  • not to participate in any form of activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
  • not to abuse other Users or anyone else;
  • not to use the Site to engage in any commercial activities other than as approved hereunder;
  • not to register more than one account for yourself or anyone else;
  • not to contact anyone who has asked not to be contacted;
  • not to “stalk” or otherwise harass any other User;
  • not to collect personal data about other users for commercial or unlawful purposes;
  • not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data or otherwise in relation to the Service;
  • not to use the Site to engage in any commercial activities not approved by 36db;
  • not to post or share content that contains anything which could be used to determine or alter the architecture of the Site and/or the App, or could be used to decompile, disassemble, or reverse engineer the Site and/or the App, or that contains software viruses or any other computer code, files, or programs, devices, scripts, bots, crawlers or scrapers that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party; and/or
  • not to attempt to gain unauthorised access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.

                                                       

  1. Warranty and Indemnity. User hereby warrants and represents that User has the right and power to enter into and fully perform all of its obligations under this Agreement; User will defend, indemnify, and hold harmless 36db, its parents, subsidiaries, affiliates, directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of User’s representations, warranties, covenants, or obligations.

 

  1. Termination of this Agreement. We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

  1. Liability. You agree that the liability of 36db to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GBP100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the App, the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of 36db.

 

  1. Warranties. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL 36db PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 36db MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

  1. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by 36db, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify 36db for all loss or damage incurred by 36db in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the App, the Site and/or the Content.

 

  1. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site or the App, or if you have any other complaint about the App, the Site or any Content or other posted materials, please contact us via info@36db.live. If you would like to notify us of Content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via info@36db.live making sure to include both the Uniform Resource Locator ("URL") for the non-complying item(s) and the reasons you believe it does not comply).

 

  1. Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, "36db”) are trademarks or trade names of 36db or our trading partners unless otherwise stated.

 

  1. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, the App, the Content or otherwise attempts to defraud 36db or any other parties through your use of the Site, the App, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the App, the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

 

  1. No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

 

  1. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

 

  1. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

 

  1. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

 

  1. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

 

  1. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or Services constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.

 

  1. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.

 

  1. Contacting Us. If you have any questions, please contact us at the following address: 36db Ltd, 7 Dials Club 42, Earlham Street, London, WC2H 9LA, United Kingdom, or email us via info@36db.live.