Terms and conditions
1. About the site:
www.asoundeffect.com is operated by A Sound Effect ApS, Graabynkevej 8A, DK-2700 Broenshoej (CVR: DK36019913). Email: contact@asoundeffect.com. The site distributes sound libraries and products from individual licensors.
2. Prices:
Prices may be shown inclusive of VAT, depending on your location. VAT will be charged to private customers located in the EU, except for EU companies that enter a valid VAT ID-number at checkout. Customers outside the EU will not be charged VAT.
3. Purchasing and Delivery:
You must register to purchase any products on the site. Links to downloadable files are delivered to the email address you provide upon registration within 24 hours – and normally immediately after purchase. The email will contain links that are valid for 24 hours for 3 download attempts. If the links expire before you have downloaded your purchased product(s), refresh your download links here contact us and we will help you out.
If you are a customer with a billing address inside the EU, Canada, Australia, Japan or China, your purchase will be handled by astockmedia GmbH, our authorized reseller.
All other purchases will be handled by Smartsound LLC, as an authorized reseller.
You can recognize this by the seller data indicated in your invoice. The licenses sold by our distributors are valid accordingly and the scope of the license remains as described in the End User License Agreement
4. Usage rights and license:
The license terms and usage rights for sound effect libraries purchased through A Sound Effect can be found in the End User License Agreement. Unless otherwise noted, this agreement governs all purchases made through A Sound Effect.
5. Return policy and refunds:
Since downloads unfortunately can’t be returned, all sales are final and there are no refunds, unless required by consumer laws. If returns are required by a consumer law, this return policy is only valid until download of the product(s) has begun. For business purchases, all sales are final. If you have problems with a download or defects in a product, please contact us at contact@asoundeffect.com and we’ll help out.
6. Indemnity:
By using this site and any products acquired from the site, you agree to indemnify A Sound Effect, including its resellers, for any loss or damage that may be incurred by A Sound Effect, including without limitation legal fees, arising from your use of the Site or your use of any information obtained through the site.
7. Personal Data and Privacy:
We will not sell, rent out or give away your email address or other contact information. Here is how we may use contact information you provide:
• We will use your contact information when you make a purchase on the site to deliver download links, invoices and technical support when needed.
• We will share your information with our distributor as described in section 3. “Purchasing and Delivery” to be able to fulfill the purchase
• Your contact information may be shared with an individual sound effect library creator when there’s a need for technical support or similar.
• We may send you service messages such as login information, transactional messages, password and abandoned cart reminders and other notifications.
• If you win a competition, your contact information may be shared with the contest holder so the contest holder can deliver the prize to you.
• If you sign up for it, you’ll receive the A Sound Effect or other newsletters of your choice. If you signed up by mistake or want to stop receiving it, each issue contains an unsubscribe form. You can also contact us to have your subscription cancelled at any time. Mailchimp is our newsletter service, so your data is transferred to them for processing.
View our Privacy Policy here
8. Cookies:
View our Cookie Policy here
END-USER LICENSE AGREEMENT (EULA)
License agreement for users of Sound Libraries purchased through A SOUND EFFECT (www.asoundeffect.com) operated by A Sound Effect ApS, Gråbynkevej 8A., DK-2700 Brønshøj, company registration number DK36019913 (the “Distributor”).
This end user license agreement (the “Agreement”) is entered into between you (the “Licensee”), who has purchased a license to use one or more sound effect libraries through the Distributor, and the creator, or creators, of these sound effect libraries (the “Licensor”).
This Agreement covers license(s) to the sound libraries purchased by the Licensee via the Distributor as defined in the Terms and conditions which appears from the invoice that the Licensee receives following the purchase (the “Sound Libraries”).
The Licensor is the creator or creators of the Sound Libraries stated as such on the Distributor’s website and listed on the invoice which the Licensee receives following the purchase.
By accepting this Agreement the Licensee agrees to be bound by the terms and conditions set out herein.
1. Grant of License
In consideration for the purchase of the license(s) to the Sound Libraries via the Distributor, the Licensor grants the Licensee worldwide, non-exclusive, perpetual, royalty-free license(s) to use the sounds in the Sound Libraries (“Sounds”) on the terms and conditions set out in this Agreement. On the invoice that the Licensee receives following the purchase it is stated how many licenses to the Sound Libraries that the Licensee has been granted.
2. Rights Granted
The license(s) granted in this Agreement allows the Licensee to:
a. install and use the Sound Libraries on as many of the Licensee’s workstations at a time as the number of licenses to the Sound Libraries that the Licensee has purchased, although the Licensee is permitted to make and keep backup copies of the Sound Libraries on other storage devices; and
b. distribute and publicly perform reproductions of the Sounds, where these are incorporated in and synchronized with other media productions, which shall mean products that contains at least one additional media element to the Sounds (music, voice, image, etc.), including but not limited to radio and television broadcasts, film, music compositions, websites, podcasts, mobile apps, advertising, multi-media presentations, video games and similar.
3. Restrictions
The Licensee is not permitted to distribute or perform reproductions of the Sounds where these are not incorporated in and synchronized with other media productions, including but not limited to in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, media authoring tools etc.
To the furthest extension permitted by law, the Licensee is prohibited from adapting, modifying or repackaging any Sounds, except as permitted in Clause 2.b.
Furthermore, for the sake of clarity, the audio files licensed under this agreement, or any new audio content derived from or based on the audio files, may not be used in whole or in part in:
1. Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
2. Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
3. Usage, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use.
4. usage in any product that is primarily a sound product. Primarily, for the purposes of this agreement, is defined as containing pure sound effects using Sound Libraries (without voice, music) for at least 50% of the total elapsed time of the product. Examples of restricted products would be soundscape albums, sound effect collages on YouTube, ambient sound videos without narration.
If you have any doubts or if you’re looking to include our Sound Libraries in ways that are mentioned in the Restrictions, please get in touch with us. We’re here to discuss the possibility of obtaining a custom license or providing further clarification.
4. Intellectual property rights
All rights to the Sound Libraries and the Sounds herein are owned by the Licensor and other than the license rights granted in this Agreement all rights in the Sounds and Sound Effect Libraries remain the property of the Licensor. The Licensee must not claim ownership or authorship of the Sounds or the Sound Libraries.
5. Termination
The Licensee’s right to use the Sound Libraries will automatically terminate in the event of any breach by the Licensee of the terms of this Agreement. In the event of termination, the Licensee shall delete or destroy all copies of the Sound Libraries which the Licensee has produced.
6. Indemnity
The Licensee shall indemnify Licensor and Distributor from, and against any and all claims, demands, suits, awards, damages, suits, injuries, liabilities and all reasonable expenses, including attorney’s fees incurred by the Licensor and the Distributor with respect to any matter that arises as a result of the Licensee’s breach of this Agreement.
7. Liability
Licensor and/or Distributor shall not be liable for any damages or for any loss of business or business profits, business interruption, or any other direct or indirect loss resulting directly or indirectly from the use of any of Licensor’s Sounds.
8. Assignment
To the furthest extension permitted by law, the Licensee must not assign, license, sublicense, sell or otherwise assign the Sounds to any third party, except as set out in Clause 2.b.
9. Applicable Law
This Agreement is governed by the law of Denmark without giving effect to the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods.