Terms of Service
Last updated: November 15th, 2022
Introduction
Welcome to MandalazMusic.com. This website is owned and operated by MandalazMusic A/S. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Refund Policy
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download we generally offer no refunds after the audio files and license agreement (pdf) has been downloaded and signed digitally by both parties with a timestamp.
Product Download
As soon as your transaction is processed, you are immediately transferred to your download page. Additionally, a receipt containing a download link is automatically sent to the e-mail address that you provided.
If you did not receive the download instructions by e-mail, please check your ‘Junk’ or ‘Spam’ folder – it may have landed there. Most people receive our email within a few minutes. If you have not received a message with a download link within 20 minutes of your purchase, please contact us via Live Chat. We will rectify the situation as quickly as possible.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
- Attempting to sell, trade, or resell our Resources is strictly prohibited without prior written consent. Attempting to use our Resources in any other song than the one for which services were provided and Resources created is strictly prohibited without prior written consent.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
- We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of MandalazMusic.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit.
- You agree to indemnify and hold harmless MandalazMusic.com and its parent company MandalazMusic A/S, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account.
- Work done by The Company for the Client is full ownership of the Client. The company is “work-for-hire”.
- The Company may ask the Client to post some of the final work done for the client on the website and may do so ONLY if provided a written approval from the client.
- By expressing interest in our services and contacting us through our website contact form, or by submitting your email address for our newsletter, the client agrees to receive periodical emails from MandalazMusic.com, promoting our services, special deals, and blog posts. The client will have an option to unsubscribe from our newsletter clearly displayed in the body of each newsletter sent by MandalazMusic.com.
Intellectual Property
MandalazMusic and its licensors exclusively own MandalazMusic, including all associated intellectual property rights. You acknowledge that it is protected by copyright, trademark, and other laws of Germany and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying MandalazMusic.
MandalazMusic grants you a limited, non-exclusive, non-transferable license to view, copy, and display solely in connection with your permitted use of MandalazMusic.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are subject to the guarantee of professional quality and professional performance. However, it also means that we do not represent or warrant to you that:
- the information obtained by using our Resources will be accurate or reliable, and
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral, or written, obtained by you from MandalazMusic.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement and Guarantee Policy.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. MandalazMusic will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages that may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by MandalazMusic A/S. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.