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LICENCE

CAPSUN ProAudio Licence Agreement

Please take a moment to read the ‘COPYRIGHT/LICENSING NOTICE’ below. The Sounds and MIDI files remain the property of its manufacturer and/or CAPSUN ProAudio, (Collectively, “Licensor”) and are licensed to you as the original end-user (“Licensee”), for use subject to the provisions below. All rights not expressly granted herein are reserved exclusively by Licensor.

COPYRIGHT/LICENSING NOTICE:

1. All Rights not expressly granted to the user are reserved. The Sounds samples and MIDI files in these sample pack are licensed, not sold, to you to be reproduced within your original musical compositions only. All copying, lending, duplicating, re-selling or trading of this product or its content is strictly prohibited.

2. Only the original purchaser of this product has the right to embody and reproduce the enclosed Sounds and MIDI files within their music compositions.

3. The Licensee may use the Sounds and MIDI files in combination with other sounds in music productions (which include soundtracks 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. The Licensee MAY NOT use the Sounds and MIDI files in isolation as sound effects (i.e. a sequence of musical events) or within any competitive products that are sold or relicensed to multiple third parties. In these scenarios the Licensee must arrange an extension with CAPSUN ProAudio.

5. This license is granted for a single user only (and is given on a worldwide basis). A right to use the Sounds is granted only to the Licensee and is NOT transferable.

6. The license is non-exclusive and is granted for the full period of copyright protection for sounds and MIDI files.

7. This license expressly forbids resale, relicensing or other distribution of the Sounds, either as they exist or any modification thereof. You cannot sell, loan, rent, lease, assign, upload to or download from any server, or transfer all or any of the enclosed sounds to another user, or for use in any competitive product.

8. You cannot electronically transfer the Sounds and MIDI files or place them in a time -sharing or service bureau operation or a computer/sampler network.

9. Opening or using these products constitutes your acceptance of these terms.

 

Website Terms and Conditions

1. Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

2. Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from capsunproaudio.com (the “Site”).

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.” 

We collect Device Information using the following technologies:

    - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

    - “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

    - “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site. 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.  We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION? 

We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to: 

Communicate with you;

Screen our orders for potential risk or fraud; and

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION 

We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here:  https://www.shopify.com/legal/privacy.  We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

DO NOT TRACK 

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS 

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION 

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES 

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@capsunproaudio.com

 

3. Intellectual Property Rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

4. Licence to Use the Website

You may view, download for caching purposes only, and print pages from the website, provided that: You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system; You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent; You must not edit or otherwise modify any material on the website.

5. Security and Registration

You do not have to register with CAPSUN ProAudio to use the website, but to purchase products you must provide certain information, including a Name, Billing Address Password and valid email address. These will be kept on file by CAPSUN ProAudio. This information will be used by CAPSUN ProAudio as outlined in the 'Privacy Policy.'

6.  Payment and Downloading Products

Payment is taken on behalf of CAPSUN ProAudio by Shopify or Paypal. All prices are inclusive of UK taxes, and are subject to change from time to time. After payment you will be sent an email with a download link for your product(s). You have 3 download attempts in total. If you experience any problems, please get in contact with us at info@capsunproaudio.com and we will do our best to solve the problem. All prices on CAPSUN ProAudio are in British Pound and the actual exchange rates applied by the banks at the time of purchase may vary.

7. Refund Policy

Products purchased from CAPSUN ProAudio are non-refundable. Products are in effect purchased as a license (as defined in the Copyright/Licence Agreement above) to use in your music without paying royalties to the owner, which therefore cannot be refunded.

8. Limitations of Liability

You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. 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. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
 Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.

However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

9. Law and Jurisdiction

This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.