SOUNDZONE.INFO

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Terms and Conditions of Use

Terms & Conditions:

    * 1. DEFINITIONS
      
      "Owner" shall refer to the SoundZone.INFO web site.
 
      "Agreement" shall refer to the agreement between Owner and the Customer for the provision of Services by Owner to the Customer;
       
      "Bandwidth" shall refer to the rate of data transmission in bits per second, using Owner's equipment;
       
      "Confidential Information" shall refer to information which is identified as confidential or proprietary by either party or the nature of which is clearly confidential or proprietary;
       
      "Customer" shall refer to You, an individual or entity which has accepted these Terms of Service;
       
      "Extra Features" shall refer to additional offerings, including, but not limited to, services such as Site Wizard, Matrix Statistics and Password Protection, the details of which are as shown on the respective Owner website;
       
      "Fees" shall refer to the fees for the Services, the pricing of which is as shown on the respective Owner website;
       
      "Intellectual Property Rights" shall refer to any and all patents, trade marks, service marks, copyright, know-how, design rights, or any other intellectual or similar rights, whether or not registrable in any country, together with all or any goodwill relating to the same;
       
      "Services" shall mean any form of web hosting, domain name registration, virtual private servers, dedicated servers, email, reseller accounts, Extra Features and any other services provided by Owner, the details of which are as shown on the respective Owner website;
       
      "You", "Your" and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or beneficial interest.
       
    * 2. PRODUCT USE
       
      2.1 All sounds available from SF2-Files.COM ("Samples") are licensed, not sold, to You by Owner.. Owner.is either the owner or master licensee of the Sounds. The payment You make to download the Samples gives You the non-exclusive right to incorporate these Samples in any sound- and/or audiovisual production ("Production"), such as a phonogram, soundtrack for a film, music production, television show, theatre show, musical, advertisement, website, videogame, or other media production. The right to use Samples does include a right to use any of the demos which can be found at SF2-Files.COM. The demos are enjoying equal rights as other Sounds. Any use of the demos found at www.sf2files.com/ sf2files.com/ www.sf2-files.com / sf2-files.com requires written permission from Owner.. You may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the Samples except as incorporated in a Production. You may not distribute the Sounds independently of a Production, or with any directions or instructions as to how the Sounds may be extracted from a Production, or with any invitation, suggestion or authorization that the Samples may be extracted from a Production. You may not distribute the Sounds, either in native format or reformatted, filtered, re-synthesized or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples of as programs or patches in a sampler, sample playback unit, website or computer. The Samples cannot be used as source playback from ROM or chip sets or embedded in any chip set. You agree that all information that You provide to Owner. at any and all times is accurate, complete and not misleading in any material respect. You will not disclose access codes or passwords used in accessing any area of the SF2-Files.COM website to any other party and will maintain such codes or words as confidential. You will exercise due diligence and maintain strict safeguards on all Samples received by You from Owner. to prevent unauthorized use or distribution thereof. If You become aware of any unauthorized use or distribution of the Sounds, You shall immediately notify Owner. via E-mail at info@sf2-files.com.
       
    * 3. UNLIMITED USER POLICY
       
      3.1 High Bandwidth usage: Owner offers an unlimited use policy by maintaining very large ratios of Bandwidth per customer. In rare cases, Owner may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Owner reserves the right to impose the High Resource User Policy for the consideration of all customers.
       
    * 4. HIGH RESOURCE USER POLICY
       
      4.1 Resources are defined as bandwidth, processor or memory utilization or disk space. Owner may implement the following policy to its sole discretion: when a website is found to be monopolising the resources available, Owner reserves the right either to limit availabilty of the resource to the account (i.e. shape the traffic, etc.) or to suspend the account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Owner continues hosting the website for an additional fee.
       
    * 5. FEES & PAYMENT TERMS
       
      5.1 All Fees for Services are payable in advance and are non-refundable;
       
      5.2 All Fees must be paid in UK Pounds Sterling, and all prices are quoted net of Value Added Tax (VAT). Owner is not a VAT registered company. Should Owner become VAT registered, VAT will be added to Customer's bill;
       
      5.3 Although Owner reserves the right to change the prices for the Services at any time, all pricing is guaranteed for the period of the prepayment. Any changes to the prices of Services will be clearly communicated to Customers prior to their application, with one month's notice being given for such changes. Notice will be served via email, to the email address held on the Customer's Owner account;
       
      5.4 If payment is unsuccessful for a monthly billed product, the free options will not be released until payment has been received;
       
      5.5 Customers are required to maintain a valid credit/ debit card and email address on their account at all times. Failure to do so may result in the suspension of Your account;
       
      5.6 Owner will suspend access to an account which: (i) contains invalid or fraudulent details; (ii) initiates a credit/ debit card chargeback.
       
    * 6. TERM & TERMINATION
       
      6.1 The term of service for all annually billed Services is annual, and the term of service for all biennially billed Services is biennial;
       
      6.2 The term of service for all monthly billed Services, excluding dedicated servers, is annual;
       
      6.3 The term of service for all monthly billed dedicated servers is one month;
       
      6.4 In order to ensure continuity of service, Owner operates an auto renewal policy on all the Services it provides to Customers. Upon expiration of Your initial term, Your Services shall be automatically renewed for the same period as Your initial term, at which point Owner shall charge the credit/ debit card held on Your account;
       
      6.5 YOU AGREE THAT YOU THE CUSTOMER ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SERVICES ARE RENEWED, AND THAT Owner SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES;
       
      6.6 In order to ensure continuity of service, Owner operates an auto renewal policy on all the Services it provides to Customers. Upon expiration of Your initial term, Your Services shall be automatically renewed for the same term as your initial term, at which point Owner shall charge the credit/ debit card held on Your account;
       
      6.7 Owner reserves the right to terminate a Customer's Agreement at any time. In this event, You will be entitled to a pro-rata refund based on the unexpired term of service, unless You have contravened these Terms of Service, in which case You may not be entitled to a refund;
       
      6.8 Owner shall have the right to terminate this Agreement immediately should the Customer fail to make advance payment for any Service, when such payment becomes due to Owner;
       
      6.9 Either party may terminate this Agreement by giving notice in writing to the other party if the other party (i) is in material breach of this Agreement and fails to remedy such breach within 30 days of the receipt of a request in writing to remedy such breach, such request setting out the breach and indicating that failure to remedy the breach may result in termination of the Agreement, (ii) becomes the subject of a voluntary arrangement under Part 1 of the Insolvency Act 1986, (iii) is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, (iv) has a receiver, liquidator or administrator appointed over all or part of its assets or income or (v) has ceased to trade.
    * 7. CANCELLATION
       
      7.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time;
       
      7.2 The contract is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the of the term of service by providing written notice, before the end of the term of service, for that particular Service on a Service by Service basis, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can only be done in writing by letter, fax or via the secure online administrations area, provided this option is available.;
       
      7.3 Customers will be required to complete a closure authorisation form, giving Owner permission to permanently delete all content relating to the Customer's Services;
       
      7.4 Customers will be required to complete and submit the closure authorisation form before the renewal date of the Service, which is one week before the end of the service term, otherwise the Service will be renewed in accordance with section 6.6;
       
      7.5 Customers will not be entitled to cancel any Service if there are outstanding payments associated with that Service.
       
      7.6 Owner. is also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the terms and conditions. Owner. is also entitled to terminate the contractual relationship at the earliest on expiry of the minimum contract period stipulated in the contract without notice.
       
    * 8. DISCLAIMERS AND WARRANTIES
       
      8.1 Owner does not back up Your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Owner cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Owner and its employees;
       
      8.2 Owner makes no warranties or representations that any service will be uninterrupted or error-free. You accept all services provided hereunder "as is" without warranty of any kind;
       
      8.3 All implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the services to be provided hereunder to the fullest extent permitted by law;
       
      8.4 Owner shall not be liable for any services or products to be supplied by any third party;
       
      8.5 Owner shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf;
       
      8.6 Owner will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss;
       
      8.7 No matter how many claims are made and whatever the basis of such claims, Owner's maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the services in relation to which Your claim arises during the 1 month period prior to such claim;
       
      8.8 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Owner, its employees or its sub-contractors;
       
      8.9 Owner shall not be liable for any interruptions to the services or outages arising directly or indirectly from (i) interruptions to the flow of data to or from the internet, (ii) changes, updates or repairs to the network or software which it uses as a platform to provide the services, (iii) the effects of the failure or interruption of services provided by third parties, (iv) factors outside of Owner's reasonable control, (v) Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties, (vi) problems with Your equipment and/or third party equipment, or (vii) interruptions to the services requested by You.
       
    * 9. INDEMNIFICATION
       
      9.1 You agree that You shall defend, indemnify, save and hold Owner, its officers, employees, agents, sub-contractors and affiliated companies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Owner, its agents, its customers, officers and employees, that may arise directly or indirectly as a result of any service provided or performed or agreed to be performed or any product sold by You, Your agents, employees or assigns;
       
      9.2 You agree to defend, indemnify and hold harmless Owner against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with a Owner server, (ii) any material supplied by You infringing or allegedly infringing the proprietary rights of a third party, (iii) Intellectual Property Right infringement, (iv) any defective products sold by You from a Owner server, and (v) any breach of any of Your obligations or the warranties given by You in this Agreement.
       
    * 10. FORCE MAJEURE
       
      10.1 Neither party is under any liability to the other party in respect of anything which, apart from this provision, may constitute a breach of the Agreement arising by reason of force majeure which means, in relation to either party, circumstances beyond the reasonable control of that party including acts of God, acts of any governmental or supranational authority, war or national emergency, riots, civil commotion, fire, network failure, systems fault, unauthorised use or access to the IT systems of Owner or the Customer, explosion, flood, epidemic, lock outs (whether or not by that party), strikes and other industrial disputes (in each case, whether or not relating to that party's workforce), restraints or delays affecting shipping or carriers, inability or delay in obtaining supplies of adequate or suitable materials and currency restrictions, to the extent outside of its reasonable control.
       
    * 11. ENTIRE AGREEMENT
       
      11.1 This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and neither relied on any representation made by the other party unless such representation is expressly included herein;
       
      11.2 Nothing in this clause shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable;
       
      11.3 This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
       
    * 12. SEVERABILITY
       
      12.1In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole;
       
      12.2 Owner will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Owner as reflected in the original provision.
       
    * 13. CONFIDENTIALITY
       
      13.1 Each of the parties agrees not to disclose any Confidential Information received from the other party or make any use of any such Confidential Information other than for the purposes of performance of this Agreement, except that (i) each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub contractors or suppliers who need to receive the information in the course of performance of this Agreement, (ii) the confidentiality obligations set out above shall not apply to any information which is or subsequently becomes available to the general public other than through a breach by the receiving party, or is already known to the receiving party before disclosure by the disclosing party or is developed through the independent efforts of the receiving party, or (iii) the receiving party rightfully receives from a third party without restriction as to use.
       
    * 14. WAIVER
       
      14.1 The failure or delay by either party in exercising any right, power or remedy of that party under the Agreement will not in any circumstances impair such right, power or remedy, nor operate as a waiver of it;
       
      14.2 The single or partial exercise by either party of any right, power or remedy under the Agreement will not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.
       
      14.3 Any waiver by either party of a breach of or default under any of the terms of the Agreement by the other party is not deemed a waiver of any subsequent breach or default and in no way affects the other terms of the Agreement.
       
    * 15. ASSIGNMENT
       
      15.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Owner. However, in the event that Owner consents to such an assignment, sub-license or transfer, then this Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns;
       
      15.2 Owner may sub-contract or assign any or all of its rights and obligations under this Agreement.
       
    * 16. AMENDMENTS
       
      16.1 This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Owner.
       
    * 17. NOTICES
       
      17.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Owner to You shall be deemed to have been given immediately if delivered by e-mail or 24 hours after despatch if sent by overnight mail in accordance with the contact information You have provided.
       
    * 18. GOVERNING LAW
       
      18.1 Except as otherwise set forth in the Owner Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, with respect to domain name disputes, this Agreement, and Your rights and obligations under this Agreement, shall be governed by the laws of the England, subject to the exclusive jurisdiction of the courts of England and Wales.
       

# Acceptable Use Policy
 

    * 1. ACCOUNT USAGE
       
      1.1 Owner reserves the right to suspend or cancel a Customer's access to any or all services provided by Owner, where Owner decides that the account has been inappropriately used. Owner reserves the right to refuse service and /or access to its servers to anyone;
       
      1.2 Owner will disable any account that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices.
       
    * 2. GENERAL
       
      2.1 If Owner disables an account, we will: (i) provide follow up correspondence during office hours from our Misuse Department, detailing the reasons for the suspension and what actions, if any, the administrator should take to rectify the situation; (ii) work with You to suggest a resolution to the issue at hand and arrange for the restoration of Services in the shortest timescale possible once an agreement has been reached; (iii) not re-enable any domain or server that has a history of similar misuse; (iv) pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure;
       
      2.2 For other issues, such as email problems, the Misuse Department will contact You to inform You of any changes made to Your account and the reasons for those changes;
       
      2.3 If an action is taken against an account, You should communicate directly with the Misuse Department within office hours;
       
      2.4 Restoration of any and all Services suspended during a Misuse Department investigation will be considered on a case-by-case basis;
       
      2.5 Owner have a police liaison function and are committed to assisting and cooperating with all law enforcement and government agencies in helping to reduce internet crime.
       
    * 3. REPORTING MISUSE
       
      3.1 In order to efficiently process Your report we need You to send as much information as possible and Your contact email address and phone number. Below are the details that we will need from You when investigating internet misuse. Reports will not be investigated until the details below have been received. If any of the information below is missing from Your report, please re-send the information;
       
      3.2 Reporting port scanning, attempted hacking and firewall activity: (i) where Your report is based upon information obtained from a firewall, please ensure that You send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone; (ii) You also need to confirm that the clock on Your PC is accurate and that You are using the correct time zone for Your locale. If Your clock is inaccurate please indicate how many minutes and seconds wrong it is (there is an online clock website to check Your PC clock, at http://www.timeticker.com/main.htm); (iii) Screenshots or image files will not be accepted as evidence of a system intrusion; (iv) If You see any other misuse on Your own servers originating from a Owner IP address, then please send us the following information: Your URL, our web server log (showing the IP address, time, date and time zone of the IP address logging into Your server), and any details of the misuse that has taken place.
       
      3.3 Reporting email/ newsgroup misuse (including spam): (i) We require the full header and content of the email/ newsgroup post. The header enables us to trace the journey that an email/ newsgroup post has made from the computer it originated from to the computer it was downloaded to. Please see below for instructions on retrieving full mail headers within Microsoft Outlook. If You use another mail client, please check your provider's support documentation for this information;
       
      3.4 Reporting virus activity: (i) If You have received or been infected by a virus, worm or trojan please note that Owner are unable to offer any support in their removal. We recommend that you install anti-virus software and ensure that it is updated regularly; (ii) please include the following information in your complaint: the header of the email (if one is available) and the content of the email; (iii) the email attachment that was sent to You (if any). The attachment may need to be placed in an archived file (.zip, .rar etc) for our email software to receive it. The website contains helpful instructions to help You with this procedure. If You cannot attach the virus, then please send the email and header only;
       
      3.5 Reporting web space abuse: (i) If You become aware of any account hosted by Owner that you feel is in contravention of our Terms of Service or our Acceptable Use Policy, then please email us with the details; (ii) please send the following information: the URL, the time and date that You noticed the infringement, any details regarding how You came to view the material, and a precise description of why You believe the domain to be in breach;
       
      3.6 Owner actively reports any illegal activities that take place on our servers to the police. Owner also work with the Internet Watch Foundation to ensure that any images of child abuse are removed from our service and reported as soon as we are made aware, in line with current working practices.
       

# Complaints Policy
 
1.1 At Owner. we try our best to keep all Customers happy. However, if You have already submitted a support ticket and Your complaint has not been resolved to Your satisfaction, or have called the support team and Your call has not been dealt with to Your satisfaction ,then please follow the steps below in order to escalate the issue;
 
1.2 Stage 1: contact us, putting Your complaint in writing to the Complaints Department, at: 11 The Greenway, Sheffield, S8 7RY, United Kingdom;
 
1.3 Stage 2: we will respond to Your complaint, following receipt of Your letter. Our Complaints Department will thoroughly investigate any issues raised and propose a course of action for resolution.

Accept Terms & Conditions of Use *