Emergence Audio Site Terms of Use
Effective as of: February 1, 2022
Thank you for visiting Emergenceaudio.com!
Just to cover our relationship legally, we’ve set down some Terms of Use for the site and some helpful information along the way. EmergenceAudio.com (the “Site”), together with all content, data and other materials contained therein (“Content”) is owned by Emergence Audio (collectively, “Emergence”, “we”, “us” and “our”). We are a digital goods service (“Service”) that allows you to browse and purchase downloadable pre-recorded sounds, sound effects, loops and samples (“Sounds”) and software files (“Software”). Together, the Sounds, Software, and all accompanying downloadable documentation are referred to as the “Product”.
Emergence Audio provides this site and sells Products to consumers, all subject to your agreement to these Terms of Use, which are final and binding. By using the Site, purchasing Products from us, and/or registering with us you represent and warrant that you are of legal age to form a binding contract with Emergence Audio and meet all of the eligibility requirements in these Terms of Use and agree to be bound fully by the provisions below, without change, as are published at such time.
Please also read our Privacy Policy which is incorporated into these Terms of Use and governs your use of the Site. If you wish to purchase Products or otherwise use the Service in any way, you must agree to the Terms of Use of our End User License Agreement.
1. Right to Make Changes
These Terms and/or any other agreement may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised Terms have been posted on the Site (or otherwise made available to you). User’s continued use of the Site, the Content or Services provided by Emergence Audio, constitutes agreement with and acceptance of any such amendment or other changes.
2. Links Away from Our Site
Our Site contains links to other websites and services provided by third parties. Emergence Audio has no control over the contents of those websites or services and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Site, you do so entirely at your own risk and subject to the Terms of Use and conditions of use for such websites.
3. Links to Our Site
Any other website may link to the Site, provided it does not imply any endorsement of its products or services by Emergence Audio, does not misrepresent its relationship with or present false information about Emergence Audio, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Emergence Audio reserves the right to withdraw such permission at any time (generally or in relation to specific site(s) as applicable in each case) and to take any other appropriate action.
4. Acceptable Use
We set out to create a positive and useful user experience. In keeping with that nature, when using our Site and its features and functions you may not:
– use the Site in any manner that could disable, alter, overburden, damage or otherwise interfere with the Site or Content, including, but not limited to, transmitting any worms, viruses, spyware, malware, or any other code of a destructive, malicious or disruptive nature;
– attempt to decipher, decompile, disassemble, or reverse-engineer, any of the software or underlying code used to provide the Site or the Content herein; or
– advocate, encourage or assist any third party in doing any of the foregoing
If you interfere, in any way, you agree to pay all damages incurred by Emergence Audio. Users that do not adhere to our Terms of Use may also be restricted from interacting with Emergence Audio. We reserve the right to remove or “ban” users that fail to follow our acceptable use policies and to take any action, applicable by law and deemed appropriate, following violation of these Terms.
5. Refund Policy
Due to the nature of downloadable products and online services, Emergence Audio cannot issue a refund for instruments that have already been downloaded or have serial numbers. All sales are final. We’re always available for any questions you may have prior to purchase regarding system requirements, etc. Please don’t hesitate to reach out via our ‘Help’ button at Support to create a ticket.
6. Products and Payments
You agree to take all reasonable steps to protect the Product(s) you purchase and accompanying documentation from unauthorized copying or use. This includes protecting your devices and networks from unauthorized access (and you shall be deemed responsible for any third party use of your personal devices and networks). You agree not to modify any Product(s) or to otherwise circumvent any method or means adopted or implemented by Emergence Audio to protect against or discourage the unlicensed use of copying of the Product(s).
We accept payments by credit or debit card using Visa, MasterCard, American Express or PayPal. Once you complete your purchase, if accepted, you’ll have access to an instant download via your order confirmation, as well as a confirmation email containing your download link to the Product. You agree to provide current, complete and accurate purchase and account information for all purchases made.
7. Copyright and Intellectual Property
We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Site for lawful purposes in accordance with these Terms and our Privacy Policy. You agree Emergence Audio owns and retains all relevant intellectual property rights in the Site and the Content. The brands, products and service names used in the Site and the Content (including without limitation, “Emergence” and “Emergence Audio”) are protected by trademark, copyright and other intellectual property laws. Unless we give you permission to do so, you may not reproduce, publish, distribute, extract, or modify any part of the Site or the Content, in any form.
8. Governing Law
These Terms are governed by the laws of the United States of America and the laws of the State of New Jersey.
9. 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 are caused by events outside our reasonable control.
10. Waiver and Severability
If any part, term, or provision of the Terms of Use is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, such provision will be eliminated or limited to the minimum extent and the remaining portions or provisions will continue in full force and effect.
11. Warranty Disclaimer and Limitation of Liability
To the fullest extent permitted by applicable law, emergence audio offers the site and the content on an “as is” and “as available” basis and makes no representations or warranties of any kind concerning the site, express, implied statutory or otherwise including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
Emergence Audio does not represent or warrant that the site or content will be uninterrupted or error-free, up to date or that defects will be corrected including, without limitation, viruses or other harmful elements. The use of the services is at your own risk and you agree to be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
Except to the extent required by applicable law and then only to that extent, in no event will Emergence Audio be liable to you on any legal theory for any special, direct, indirect, consequential or incidental damages whatsoever (including, without limitation, loss of revenue or income, loss of data or other information or business interruption) or any causes of action arising out of or relating to this Agreement, whether arising in tort, contract or otherwise, even if Emergence Audio has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Indemnity
You agree to indemnify and hold harmless Emergence Audio from and against any and all loss, expenses, damages and costs that may be incurred including, without limitation, any legal fees resulting, whether directly or indirectly, from your violation of these Terms of Use.
13. Termination
Emergence Audio reserves the right to modify or terminate the Site for any reason, without notice, at any time and without liability to you. User agrees that we may refuse, terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
14. Contact
If you have any questions, please contact us at support@emergenceaudio.com
Emergence Audio End User License Agreement
Effective as of: October 1, 2020
Important – Please Read Carefully. This End User License Agreement (“Agreement”) is between You and Emergence Audio (collectively, “Emergence”, “we”, “us” and “our”) and is the basis on how we provide our Product(s) to you. This Agreement governs your use of the sounds and software (collectively, the “Product”).
1. License Grant
Emergence Audio grants to you (a single user) a limited, revocable, non-exclusive, non-sublicensable, non-transferable license for download and use of this Product (on up to two personal devices, simultaneously) in any commercial or non-commercial purpose provided you have combined them with other sounds within one or more original musical composition(s), recording(s), live performance(s), and/or similar production differentiating from the original sound file. This license extends to the use of documentation, data, or information developed by Emergence Audio and other materials which may assist in your use of the Product.
2. Restrictions
Emergence Audio Products are not for resale or any other distribution by any means including, but not limited to, resampling, mixing, processing, isolating or embedding into software or hardware for use on any other computer or sample playback device and for the purpose of re-recording or reproduction as part of any free or commercial sample library, sound effects catalog, software or virtual instrument. Products may not be used in or in relation to any competitive products that are sold or relicensed to any third parties. Emergence Audio uses proprietary watermarking technology to track piracy. You may not copy, modify, share, rent, sell or lease any Product and documentation (in whole or in part), and you may not reverse engineer or attempt to reverse engineer or disassemble the Product or any code within or related to the Product.
3. Termination
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. Please note that any termination of this Agreement will also terminate your license to use the Product(s).
4. Ownership
All title, ownership, and intellectual property rights in and to the Product (and all digitally recorded sounds and/or copies and associated documentation therein) is held by Emergence Audio. When you purchase any Product(s), you are purchasing a limited license for use (and not ownership) of the Product(s).
5. Limitation of Liability
To the maximum amount permitted by applicable law, in no event shall Emergence Audio be liable for any special, indirect, consequential or incidental damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, or business interruption) or any causes of action arising out of or relating to this Agreement, whether arising in tort, contract or otherwise, even if Emergence Audio has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. You agree that Emergence Audio’s liability shall not exceed the actual price paid by you for use of all Products. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. Disclaimer of Warranties
YOU ACKNOWLEDGE ALL EMERGENCE AUDIO PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EMERGENCE AUDIO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT IN REGARD TO THE PRODUCT. EMERGENCE AUDIO MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PRODUCT AND, WITH YOUR AGREEMENT, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
7. General Provisions
(a.) You acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions
(b.) This Agreement will apply from the date of the download of any Emergence Audio product