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

Emergence Audio Site Terms of Use

Effective as of: October 1, 2020

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, 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

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 [email protected]

Emergence Audio Privacy Policy

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”). 

We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy is part of our Terms of Use which governs your use of the Emergence Audio 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. 

Usage Data

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.

Payment information

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

If you provide us with your email address when you make a purchase or sign up to receive marketing communications, we may use your information to contact you with special offers, news, surveys and other content about Emergence Audio. You can unsubscribe or update your preferences at any time, we also provide the link to do so in the marketing email footer. We use Mailchimp and their Privacy Policy can be found here.

Facebook Pixel

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. 

Changes To This Privacy Policy

We may occasionally make changes to this policy. We will notify you of any changes by posting the new Privacy Policy on this page and reflecting the ‘Effective as of’ date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

How we protect your data

We strive to protect any personal information you provide us consistent with this Privacy Policy. To safeguard your information our Site uses Secure Sockets Layer (SSL). SSL encrypts information submitted via website forms so only we are able to decode the information submitted.

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.

How to contact us

If you have any questions, concerns or comments about this Privacy Policy, please contact us at [email protected].