Terms of Use

Last Updated: February 2, 2018

Welcome to https://www.audiosyncrasy.ca (the “Website”). We, being Audiosyncrasy Samples Inc. and/or its affiliates (the “Company”) own and operate the Website and are providing internet services to you subject to the following conditions. If you use or visit the Website, you accept these terms and conditions (“Terms of Use”), so please read them carefully, as this electronic document is considered to be a legally binding and enforceable contract between you and the Company. If you do not agree to be bound by these Terms of Use or object to the privacy policy located at https://www.audiosyncrasy.ca/privacy (the “Privacy Policy”), you must immediately stop using this Website.

1. Modifications of Terms of Use

The Company reserves the right to modify these Terms of Use and Privacy Policy at any time and your continued access to or use of the Website after such changes indicates your acceptance of the Terms of Use as modified. It is your responsibility to review the most recent version of these Terms of Use each time you access the Website.

2. Electronic Communications

When you visit the Website, send e-mails to us, message us, or otherwise communicate with us, you are communicating with us electronically, and therefore you consent to receive communications from us electronically in return. We will communicate with you by e-mail, messaging or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Copyright and Trademarks

All content included on this site (“Content”), including without limitation any product for sale on this site (“Product”), as well as any video clips, video streams, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this site is also the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.

“AUDIOSYNCRASY” and “AUDIOSYNCRASY SAMPLES” and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Canada, U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

4. License and Website Access

The Company grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; nor any collection and use of any product listings, descriptions, or prices; nor any derivative use of this site or its contents; nor any downloading or copying of Account information for the benefit of another merchant; nor any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta-tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company logo or other proprietary graphic or trademark as part of the link without express written permission.

5. Your Account

If you use this site and register for an account (“Account”), you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. If you are under the age of majority in your jurisdiction of residence, you may use the Website only with involvement of a parent or legal guardian. The Company reserves the right to refuse service, termi-nate Accounts, remove or edit content, or cancel orders in their sole discretion.

You must provide current, complete, and accurate information for your Account. You must promptly update all information to keep your Account current, complete, and accurate. Changes to such information can be made on the Website. If you fail to provide us any of the foregoing information, you agree that you are responsible any ensuing liabilities. Your submission of personal information through the Website is also governed by our Privacy Policy.

6. Reviews, Comments, Communications, and Other Content

From time-to-time Users may be permitted to submit information and other content, so long as the information or other content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.

If you submit comments, communications or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the in-formation or other content that you send or post; that the information or other content is accu-rate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.

7. Copyright and Other Legal Rights Complaints

The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of rights violations is: [email protected]. We will process your complaint pursuant to the Copyright Act of Canada.

8. Other Businesses

We may provide links to the sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

9. End User License Agreement

Any and all audio samples and/or software Product downloaded and/or purchased from this Website is subject to the end user license agreement (the “EULA”) located at https://www.audiosyncrasy.ca/eula and by purchasing, downloading or otherwise using such audio samples and/or software Product you explicitly agree to each and every term of the EULA.

YOU SHOULD READ THE ENTIRE EULA PRIOR TO PURCHASING, DOWNLOADING OR OTHERWISE USING ANY AUDIO SAMPLES AND/OR SOFTWARE PRODUCT FROM THIS WEBSITE AND IF YOU DO NOT AGREE TO ANY TERM(S) IN THE EULA, YOU SHOULD NOT PURCHASE, DOWNLOAD OR OTHERWISE USE ANY AUDIO SAMPLES AND/OR SOFTWARE PRODUCT OFFERED ON THIS WEBSITE.

10. Product Descriptions and Refunds

Before placing an order for any Products, you are deemed to have examined the product descriptions and information relating to such product(s) and satisfied yourself that the products are suitable for your purposes.

Downloaded sample libraries and software purchased from the Website cannot be returned, so we do not provide any refunds or exchanges whatsoever.

BE AWARE THAT AS SOON AS A PRODUCT HAS BEEN DOWNLOADED FROM OUR SERVERS OR PHYSICALLY SENT TO YOU OR YOUR DESIGNEE, IT CANNOT BE RETURNED, EXCHANGED OR REFUNDED IN ANY CIRCUMSTANCE.

11. Payments

All payments made for Products listed on the Website are processed by Stripe or another similar payment service (the “Payment Service”). If you make payments to the Company using a Payment Service or otherwise, you do so at your own risk and you acknowledge and agree that the Company shall not be liable for any losses you may incur using such Payment Service. Any such losses shall be the responsibility of the Payment Service. Further, the Company has a strict no refund policy.

You agree that all payments made on the Website are final, and you will not challenge or dispute the charge with your bank or Payment Service. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will contact the Company to resolve the issue. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as $60 CAD. You agree that you will pay any outstanding balance you have with the Company within 3 days from the date of notification. Any outstanding balance left unpaid after 3 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.

12. Viruses, Malware & Spyware

The downloading of any Products or any other Content from the Website is done at your own risk. The Company cannot guarantee that the Website will be free of viruses, malware, spyware, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Website.

13. Links to Third Party Sites

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is not responsible for webcasting or any other form of transmission received from any Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

14. No Unlawful Use

As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

15. Warranty & Limitation of Liability

THIS Website AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIOSYNCRASY SAMPLES, ITS OWNER, AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS Website OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

16. Indemnity

You agree to indemnify, defend and hold harmless the Company and any of our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, Privacy Policy or any documents they incorporate by reference, or your violation of any law or the rights of a third party.

17. Agreement

The Terms of Use, Privacy Policy and EULA (altogether, the “Agreement”), expresses the entire understanding between you and the Company in relation to your use of the Website, and this Agreement supersede all other oral or written communications relating to the Company or its use.

18. Links

The Website may contain many links to third-party websites. These links are provided solely as a convenience and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If You decide to access linked third-party websites, you do so at your own risk.

19. Term & Termination

This Agreement remains in effect after your use of the Website. The Company reserves the right, to pursue all legal remedies, including to removal of your access to the Website and any other products and services provides to by the Company.

20. Applicable law

By visiting the Website, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms of Use and the Agreement and any dispute of any sort that might arise between you and the Company, and any disputes shall be adjudicated in the City of Vancouver, British Columbia, Canada, and you consent to exclusive jurisdiction and venue in such courts.