Terms and Conditions
- Terms & Conditions
This is a legal agreement ("Agreement") between and among you and CI:A - Certus In Audio and any other entity affiliated with CI:A - Certus In Audio (collectively, "CI:A") stating the terms that govern your use of the CI:A websites and services located at websites owned by CI:A such as this domain and/or profiles/accounts (each of these websites and the services available through them are individually and collectively referred to in this agreement as the "website", as the context requires). By using the website, you agree to and are bound by the terms of this agreement. You must accept and abide by these terms as presented to you, and CI:A reserves the right to change, add, or remove portions of this agreement at any time. It is your responsibility to check the agreement each time before using the website, and your continued use of the website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the website or content (defined below).
All "content", including but not limited to digital downloads of sound recordings and related digital content, including songs, mixes and loops, music, downloads or samples, and all software, artwork, graphics, video, text, interfaces, trademarks, logos, images, photographs, and any other element of the website, including the layout, look and feel, organization, and coordination of such content on the website is the property of or is licensed to CI:A, and is protected by international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of CI:A, and except as provided in this agreement, no content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the website, you are permitted to listen to samples (as defined below), and obtain digital downloads of sound recordings and related digital content, including songs, mixes and loops, which is part of the website's content. Some of the content are "products".
When using this website, you understand that you may encounter content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the website at your own risk and CI:A shall have no liability to you for content that may be found objectionable, indecent, or offensive. By using materials from this site, you agree to all terms, specifications and requirements ("Terms") included herein. Terms may be amended from time to time, so please check back for updates. Marks may not be altered or edited in any way.
To register for use of the website on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this agreement to your parent or legal guardian, and he or she must "AGREE" to enter into this agreement on your behalf. Children under 13 years of age may not register for the website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the website, including all financial charges and legal liability that he or she may incur.
To use certain services of the website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to CI:A ("registration data" for the purposes of creating an account). You agree to provide current, complete, and accurate registration data at the time you register and you will update your registration data as necessary to keep it current, complete and accurate. CI:A may terminate your account and any or all rights to the website if any information you provide is inaccurate, false, or incomplete. You agree that CI:A may store and use the registration data you provide for use in billing fees to your credit card and maintaining your account. You are solely responsible for maintaining the confidentiality and security of your account. You agree to notify CI:A immediately of any unauthorized use of your password and/or account. CI:A shall not be responsible for any losses arising out of the unauthorized use of your registration data or account, and you agree to hold harmless and to indemnify CI:A, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account. You may not attempt to gain unauthorized access to the website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, CI:A will terminate your account.
By creating and using an account, you grant permission for CI:A to contact you at your e-mail address.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses to connect to, browse or otherwise use the Internet, and/or to access the website, and/or to browse, stream, download, play back, burn or transfer the content. From time to time, you may have to install software, available through the website, to aid in the accessibility of content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee you access to the content. If you need information on the specifications of any equipment, internet access or software required to use the services please contact us. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the website or content.
You agree to pay for all products that you purchase through the website. CI:A may charge your credit card for any products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. For subscription services for which recurring billing may be applicable, CI:A will charge your credit card on the first day of each new billing cycle as outlined in the terms of the applicable billing agreement. You hereby agree to authorize CI:A to charge your credit card for the above mentioned at CI:A's convenience, but within (30) days of credit card authorization. You are responsible for providing CI:A with a valid credit card and the timely payment of all fees. At its discretion, CI:A may post charges individually or aggregate your charges with other purchases you make on the website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your "account". You are responsible for any charges on your account that are incurred by any person through your account, and you are solely responsible for keeping your account secure and confidential. CI:A may, at its discretion, modify, suspend, or discontinue the website (or any part or content thereof) at any time with or without notice to you, and CI:A will not be liable to you or to any third party should it exercise such rights; provided that if CI:A terminates any subscription service. You may not cancel your yearly or monthly membership for subscription services during the initial term of such services; however, you may give notice of nonrenewal for the following term. Upon any expiration or termination of your subscription service, you will no longer have access or right to any membership benefits under such subscription service.
CI:A reserves the right to refuse access to the website or sale of products for any reason, to any end user. CI:A may terminate any offers for free or special promotions or pricing on merchandise at any time. Each download is an individual sale and subject to the terms and conditions of this agreement. Each purchase of downloads by you will be regarded as a separate transaction and each delivery of a download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
Prices and availability of products/services offered through this website are subject to change at any time. CI:A does not provide price protection or refunds in the event of a price drop or promotional offering.
You are responsible to cancel any subscription service (your PayPal subscription) for this service after closing/deleting/terminating your membership/account through you or through CI:A.
CI:A shall not be liable for shops or their offers and products/materials; the owner (account holder) of (a) corresponding(s) shop(s) is and shall be liable for his/her/their shop(s) and offer(s) and product(s)/material(s) at any time. Due to the rapidly expanding, broad selection of content on the website, it is possible that content may be accidentally mispriced. In such an event, CI:A reserves the right not to accept end user orders with prices based upon typographical errors. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. The website may include products, contents, and services from third parties available via the website. CI:A may include links to third party websites, which are provided solely as a convenience to you. CI:A assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that CI:A is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites. By using the website you agree to defend, indemnify and hold harmless CI:A and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney' fees and court costs) arising from or concerning your breach of this agreement and your use of the website or the content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You agree that from time to time CI:A may remove the website for indefinite periods of time, or cancel the website at any time, with or without notice to you. CI:A makes no warranty that any particular CD burner or portable device will be compatible with the website or any content offered on the website. Under no circumstance shall CI:A be liable for any unauthorized use of the website or its content. All content on this website is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. Company makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the website is free of viruses. Company specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website, even if company has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information or content to or from the user, interruptions in telecommunications connections to the website or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.
All sales are final and all charges from those sales are nonrefundable. CI:A will not refund any fees for products or services that you purchase and then fail to download, unless such failure is caused solely by CI:A.
Your receipt of an electronic or other form of confirmation does not constitute CI:A's offer to sell and convey CI:A's acceptance of your order. CI:A reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for product(s), or supply less than the quantity you ordered following receipt of your order.
CI:A currently accepts PayPal (and/or credit/debit cards supported through PayPal). CI:A does not accept cash, money orders, or checks. CI:A reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), including any applicable taxes, at the rates in effect when the charges were incurred. You, not CI:A, are responsible for any unauthorized amounts billed to your credit card by a third party. As a card holder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a card holder. Obligation to pay for content or download orders previously accepted by CI:A will survive your termination of your account. Due to the nature of the service, refunds are only available in exceptional circumstances at CI:A's management's sole discretion.
CI:A accepts different currencies (see account creation pages).
You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the website or any of the product rules. CI:A reserves the right to enforce the product rules with or without notice to you. A "download" is a purchased product that you can transfer to a compatible portable device, save to your hard drive with unlimited playback time, or burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. CI:A shall have no liability for lost, damaged, or destroyed downloads. Any security technology that is provided with a download is an inseparable part of the download. The download capability does not operate to limit any rights of the copyright owners in a product or any works embodied in them. Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any downloads or content contained on the site except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this agreement. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the downloads. You may not play and then re-digitize any downloads. You may not create any "derivative works" by altering any of the content. You may not use the downloads in conjunction with any other third-party content (e.g., to provide sound for a film). You may not upload downloads to the internet. File sharing is strictly prohibited. Any other manner of network file sharing and transfer of downloads to devices for such purpose is expressly prohibited and is a violation of international copyright law.
Your use of the website and establishment of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this agreement. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the website, including notices of cancellation, policies, contracts, and applications.
You may not use the website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; or that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the website or any networks connected to or by the website. In addition, you may not use a false email address or otherwise mislead other members as to your identity or the origin of a message or content.
By posting messages, inputting data, or engaging in any other form of communication through the website, you agree that CI:A may copy, sub-license, adapt, transmit, publicly perform or display any such content to provide and/or promote the website and/or to respond to any legal requirement, claim or threat. If CI:A's use of such content exploits any proprietary rights you may have in such material, you agree that CI:A has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so. You represent and warrant that you own or otherwise control all applicable rights to the content, material, messages and the like that you post, upload, transmit or display; that the content, material, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will defend indemnify and hold harmless CI:A, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the website is solely your responsibility.
All copyrights in and to the website (including the compilation of content, postings, links to other resources, and descriptions of those resources), and software, are owned by CI:A and/or its licensors. The use of the website, or any content on the website, except for use as expressly permitted in this agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this agreement are reserved to CI:A and/or its licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the website are the property of CI:A and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
If CI:A receives a notice alleging that you have engaged in behavior that infringes CI:A's or an other's intellectual property rights or reasonably suspects the same, CI:A may suspend or terminate your account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on the site constitutes copyright infringement, please send us a message that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CI:A reserves the right to enlist and take measures that CI:A believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this agreement (including but not limited to CI:A's right to cooperate with any legal process relating to your use of the website and/or content, and/or a third party claim that your use of the website and/or content is unlawful and/or infringes such third party's rights). You agree that CI:A has the right, without liability or notice to you, to disclose any registration data and/or account information to law enforcement authorities, government official, and/or third party, as CI:A believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this agreement (including but not limited to CI:A's right to cooperate with any legal process relating to your use of the website and/or content, and/or a third party claim that your use of the website and/or content is unlawful and/or infringes such third party's rights).
If you fail, or CI:A suspects that you have failed, to comply with any of the provisions of this agreement, including but not limited to failure to make payment of fees due, failure to provide CI:A with a valid credit card or with accurate and complete registration data, failure to safeguard your account information, using your account for activities CI:A believes violate the intentions or integrity of its platform, or violation of these terms and conditions or any license to the software, CI:A, at its sole discretion, without notice to you may: terminate this agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or preclude your access to the website (or any part thereof), and seek any other lawful remedy available.
- Cookies, Facebook plugins, (other) third party plugins
ALL SOFTWARE/SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE/SERVICES OR THE USE OR OTHER DEALINGS IN THE SOFTWARE/SERVICES. AGAIN, UNDER NO CIRCUMSTANCE SHALL CI:A BE LIABLE FOR ANY FUNCTIONALITY, ACCESSIBILITY, SERVICE(S), SHOP(S), OFFER(S), MATERIAL(S), PRODUCT(S) OR ANY OTHER CONTENT.