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.
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.
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).
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
Effective as of: October 1, 2020
Thank you for visiting Emergenceaudio.com!
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
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
5. Refund Policy
Due to the nature of downloadable products and online services, no refunds are available for Products which have already been downloaded. You may request a refund within 14 days of your purchase provided that you haven’t yet downloaded your product. Any refund request can be made by contacting us here.
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
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
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.
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.
Effective as of: October 1, 2020
Thank you for visiting Emergence Audio!
At Emergence Audio (collectively, “Emergence”, “we”, “us” and “our”) we respect and value your privacy. This policy explains our privacy practices and how your personal information is collected, used, shared, and protected when you visit or make a purchase from https://emergenceaudio.com (the “Site”).
What rights you have over your data
At any time, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You may request for us not to process your personal information for marketing purposes or we will provide the option to “opt out” entirely, at any time. You can also request that we erase any personal data we hold about you. This does not include any data we are required to keep for administrative, legal, or security purposes.
What personal data we collect and why
We collect information from you when you create an account, place an order, subscribe to our newsletter and/or sign up for notifications, and send us a contact or support form. Some information we collect includes your name and email address. Please note: when placing an order, a secure “sign up link” is sent to you via email which automatically creates your account (My Account) using only your email address. You’re automatically logged in without the need to create a password or to log out and are able to view your order and download history.
When someone visits emergenceaudio.com, we collect information that your browser sends which may include your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
When you make a purchase, you will need to provide the information required to process your orders. This may include your credit card number, card type, expiration date, or secure PayPal account information as well as your billing address. Emergence Audio does not store, archive, or otherwise retain credit card numbers.
Activity and Device
We use Google Analytics to collect non personally identifiable information to help us measure the performance of our Site and to monitor and analyze Site traffic. You can choose to opt out of Google Analytics anytime by clicking here.
Marketing and Retargeting
Conversion tracking helps us to keep track of a user’s actions after they see or click on a Facebook Ad. This enables us to monitor the effectiveness of Facebook Ads for the purposes of statistics and market research. Data collected in this way is anonymous to us, which means we cannot see the data of individual users. However, this data is saved and processed by Facebook. Please click here if you would like to opt-out of Facebook receiving this information.
What are Cookies and how we use them
Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site. You can find more information about cookies at www.allaboutcookies.org.
Who we share your information with
We will share transaction data with our payment service provider, as necessary, only to enable them to process your payments and for anti-fraud purposes. We assure that this information is not retained and goes directly to Paypal.
How long we retain your data
We only retain your personal data for as long as necessary to fulfill the purposes we originally collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Links to Third Party Sites and Social Media
You may be able to access third party websites through links available on this Site that provide access to websites such as SoundCloud, YouTube, Vimeo and Facebook. You understand and agree that your use of such third party sites remains under the privacy policies of those third party websites and we recommend that you read their privacy policies to find out how they collect and process your personal data.
How we protect your data
Unfortunately, however, no data transmission over the internet can be guaranteed to be 100% secure. For this reason, we do not guarantee or warrant the security of any information you transmit to or from our website. In the event of a security incident, Emergence will notify its customers, users and newsletter subscribers and will provide timely information relating to the security incident as it becomes known or as is reasonably requested by our customers, users and newsletter subscribers.