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Cluster Sound : Terms & Conditions
Terms & Conditions

Terms & Conditions

 

1. Definitions

 

THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of Cluster Sound web site (hereafter "website"). It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the physical disc or software download provided through or in connection with the web site (hereafter "products"). Each time you use our products, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the website or the services provided by Antonio Dilillo through Cluster Sound website. This Website is owned by Antonio Dilillo, DLLNTN75H03A669U, Via Visconti 9 - 21047 - Saronno (VA). The following words used in these Terms shall have the following meanings:

 

  1. • "Website" shall mean all web sites on which Cluster Sound provides products;
  2. • "Products" shall mean all physical disc or software download provided directly by Antonio Dilillo thorough Cluster Sound website;
  3. • “Sounds” shall mean all the files included in Cluster Sound marked products;
  4. • “You” shall mean all Users of the Cluster Sound website and products;
  5. • “Licensee” shall mean You, as the original end-user of Cluster Sound marked products;
  6. • “Personal Infos” shall mean all informations provided by and about You, including e-mail address(es), name, address, credit card, or other payment information, etc. ;
  7. • “Orders” shall means all orders placed upon Cluster Sound website by You through the facility offered by this website;
  8. •  “3rd–Parties” include all distributors, partners and affiliate vendors that are included on, or linked to, the Cluster Sound website.

 

2. License Agreement

 

Downloading the products and/or opening the protective package of the products constitutes your acceptance of the following terms:

2.1 The Sounds remain the property of Antonio Dilillo 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.
2.2 The Licensee may use the Sounds in combination with other sounds in music productions (which include soundtracks of 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.
2.3 The Licensee may modify the Sounds and may use the Sounds for commercial purposes as part of a musical composition with other sounds.
2.4 The Licensee MAY NOT use the Sounds 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 Antonio Dilillo.
2.5 A right to use the sounds is granted only to the Licensee and is NOT transferable. 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.
2.6 Licensor will not be responsible if the sounds does not fit the particular purpose of the Licensee.

 

3. Products Copyright

 

3.1 All Rights not expressly granted to the user are reserved. The sound samples in this 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. Only the original Licensee of Cluster Sound products has the right to embody and reproduce the enclosed sound samples within their music compositions.
3.2 The Licensee may use the Sounds in combination with other sounds in music productions (which include soundtracks of 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.
3.3 The Licensee MAY NOT use the Sounds in isolation as sound effects (i.e. a sequence of musical events) or within any competitive products that are sold or relicensed to multiple competitors. In these scenarios the Licensee must arrange an extension with Antonio Dilillo.
3.4 The license is non-exclusive and is granted for the full period of copyright protection and sound samples. You cannot electronically transfer the sound samples or place them in a time-sharing or service bureau operation or a computer/sampler network.

 

4. Orders, Returns & Delivery

 

4.1 Before placing an order for Cluster Sound Products You are deemed to have examined the product descriptions and information and satisfied yourself that the products are suitable for Your purposes.
4.2 Products delivered via download can be returned under certain circumstances. Under the Italian D. Lgs 206/2005 (c.d. Codice del Consumo) you have the right to cancel the contract of sale within 10 days but this not applies to softwares and to business companies and/or one-man business. Here at Cluster Sound we go beyond this and other international Distance Selling Regulations simply by offering a Refund Policy based on the commons sense. So if you have NOT downloaded the Product(s) you have the right to cancel an order and proceed with a refund request within 15 days from the date of purchase. The refunds apply to all our customers (individuals, business companies, one-man business) and have to be sent via Ticket System.
4.3 You can return any unopened (still in its plastic wrap) product for a full refund within 10 days your recepit of the product. Due to strict copyright laws, once a product has been opened, it generally cannot be returned, unless it is defective. If your Cluster Sound boxed DVD is damaged (DVD/CD mastering errors only) you can return it for an exchange. You must contact us at customercare@clustersound.com within one week of your receipt of the disc to obtain exchange authorization. Cluster Sound can accept only one exchange per order and cannot accept any returns on downloads. Cluster Sound reserves the right to modify this policy.

 

5. Privacy Policy

 

5.1 INFORMATION NOTICE FOR FORM USERS REGARDING THE PROTECTION OF PERSONAL DATA PURSUANT TO ART. 13 OF THE ITALIAN LEGISLATIVE DECREE NO. 196, DATED 30.06.2003. In compliance with the provisions of article 13 of the Italian Leg. Dec., dated 30 June 2003, Antonio Dilillo, in its capacity as holder, informs the user (hereinafter “interested party”) who leaves his/her data on the site form, regarding the purposes and procedures for processing the personal data collected.
5.2 Purposes: The data gathered from the interested party is processed and used exclusively for informative purposes and for personalizing and improving the user account sections and the shopping procedures.
5.3 Communication and diffusion: Cluster Sound will not forward the personal or ordering information to any third party unless required to fulfill your order.
5.5 Rights of the interested party: The interested party can exercise his/her rights as expressed in articles 7, 8, 9 and 10 of the Italian Leg. Dec. no.196 dated 30 June 2003, by contacting the holder of the data processing. In particular in accordance with article 7, the interested party has the right to obtain confirmation of the existence of his/her personal data, and to receive a copy of it in an intelligible form.
5.6 Terms of keeping: The data will be preserved until a request is made by the interested party for its cancellation and in any case for no more than three years from the date on which it was entered on this form.
5.7 Nature of consent and transfer: Pursuant to article 24 of the Italian Leg Dec. 196/2003, consent to the processing of the aforementioned data is necessary as it is gathered at the request of the interested party for informative purposes and for personalizing and improving the user account sections and the shopping procedures. The transfer of data is, however, optional, and if no consent is given, the data processing will not be carried out.

 

6. License to use website

 

6.1 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.
6.2 The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sounds and the entire content of the web site is copyrighted as a collective work under Italian and International copyright laws. Cluster Sound owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part.
6.3 Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Cluster Sound and the copyright owner.
6.4 Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. You are permitted to print and download extracts from this Website for your own private use on the following basis:
a) no documents or related graphics on this Website are modified in any way;
b) no graphics on this Website are used separately from accompanying text;
c) any of our copyright and trade mark notices and this permission notice appear in all copies.
6.5 You are permitted to use the documents which we supply to you for your own legitimate purposes. The documents (or access thereto) may not be sold or offered for sale to third parties, whether in whole or in part.

 

7. Disclaimer

 

7.1 While Cluster Sound uses reasonable efforts to include accurate and up-to-date information, Cluster Sound specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Websites, either now operating or created in the future. Cluster Sound disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Cluster Sound disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Website.
7.2 Cluster Sound does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Websites or on any external web sites linked to them. In particular, Cluster Sound does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
7.3 Without limiting the foregoing, under no circumstances shall Cluster Sound be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
7.4 WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. CLUSTER SOUND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CLUSTER SOUND DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITES. CLUSTER SOUND DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITES. CLUSTER SOUND DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE WEBSITES. USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. CLUSTER SOUND AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.

 

8. Liability

 

8.1 Cluster Sound may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any portion of the content at any time, without notice or liability.
8.2 User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the Cluster Sound or any other, web site. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.3 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8.4 Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
8.5 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data (even if we have been advised of the possibility of such losses).
8.6 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or
personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

 

9. Indemnity

 

9.1 User agrees to indemnify, defend and hold harmless Cluster Sound its web site(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
a) User use of the Website;
b) Cluster Sound's use of any User content or information, as long as such use is not inconsistent with these Terms;
c) Information or material provided through User’s IP address, even if not posted by User; or
d) Any violation of these Terms by User.

 

10. Governating law and jurisdiction

 

10.1 These terms and conditions shall be governed by and construed in accordance with Italian law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Italian courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
10.2 We do not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
10.3 If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Cluster Sound.

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