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Terms of use of Surround Library

Presentation
Surround Library is an e-commerce downloading platform of sound environments for professional audiovisual, video game or live entertainment users as well as for professionals in education, built by the Surround Factory SARL under French law.
The sound environments (hereafter called « the sounds ») are commercialized by Surround Library from the exclusive authorization that each producer has granted in compliance with the article L.213-1 of the French Intellectual Property Rights (code de la propriété intellectuelle).
1. General Agreement
By using this website, you declare having knowledge of and having accepted the following Terms of Use and Licence Agreement (paragraph 6), concerning the use of commercialized sounds. By validating your order, you accept these Terms of Use and the Licence Agreement for Using Sounds. In case on disagreement with these terms, you cannot use the website nor buy or use the sounds.
Unless proven otherwise, the data recorded by the Surround Library is proof of all transactions negotiated with its clients via Surround Library.
2. Prices and Taxes
The price of our sounds are given without taxes. The prices are given in euro. All other currency chosen for pricing is liable to fluctuation following the currency changes with regard to the euro.
French Value Added Tax (19,6%) is added for clients within the European Union (except for professionals providing us with a valid intercommunity TVA number) and French professionals. All clients outside the European Union pay tax free prices.
Surround Library reserves the right to change its prices at all times, the sounds will be charged to the client following the prices announced when the order was recorded.
3. Payment
Surround Library uses the secure payment platform Paypal.com. Your transactions are paid for either directly by credit card (Visa, MasterCard, American Express, etc.) or with your Paypal account via the Paypal website. Surround Library does not have access to the bank data you communicate to the Paypal.com website and cannot be held responsible for any problems you encounter with the website Paypal.com.
4. Downloading
The sounds bought through Surround Library are dispatched only by downloading through the Internet network from the Surround Library website. Each sound can be downloaded up to 5 times for each format, once the payment has been registered. The sound is then downloaded from “My Account”, heading “My Purchased Sounds”.
In the event of technical difficulties, please contact us at support@surround-library.com.
5. Refunding
Given the immaterial aspect of the sounds, they will not be refunded except in the case of Surround Library being unable to enable their downloading within a delay of 7 days following the payment.
6. Use of Sounds License Agreement
Surround Library commercializes sounds to private and professional customers on the following conditions and terms:
a. The sounds are commercialized by Surround Factory on the basis of the exclusive authorization that each producer has granted in compliance with the article L.213-1 of the French Intellectual Property Rights (code de la propriété intellectuelle). In consequence, the user who contracts with Surround Library (hereafter “the user”) is strictly forbidden from subsequently commercializing these sounds himself. The present Licence benefits only the physical or moral person who acquires by the present contract the right to use these sounds for his own productions or for productions he produces for a third party.
b. The present user license is conceded by Surround Library as non exclusive and for an unlimited duration on all exploitation territories.
c. The user is free to transform without restriction the sounds purchased via the Surround Library. He can use them in any manner as part of a professional, commercial, educational or private project, including any audiovisual project, multimedia production, phonogram or live entertainment project, as part of publications, television projects or communication in the public sphere, as part of the payment defined by the prices of Surround Library and paid for by the user.
d. The user is free to reproduce the sounds purchased via the Surround Library on any support, in order to safeguard the sound, or in order to use it himself or for a third party.
e. The user accepts to use protective means normally accepted in the profession to ensure that the sounds purchased from Surround Library do not become free to copy or to download by third parties from any online website he edits.
7. Client Service
For all information and answers to questions, please contact our client service at: contact@surround-library.com.
8. Copyright and Intellectual Property Rights
All the texts, commentaries, works, illustrations, graphic designs and images reproduction on Surround Library are covered by the author’s rights under the Intellectual Property Rights for the whole world. As laid out in the Intellection Property Rights Law (Code de la propriété intellectuelle), only private use is allowed within the different dispositions and restrictions of this law.
Any whole or partial reproduction of the Surround Library website is forbidden.
9. Consent to Use of Data
Information and data concerning you are necessary to complete your orders (payment and downloading sounds) and to our commercial relations. They may be transferred to third parties who contribute to these relations such as enterprises responsible for orders and services, for their management, fulfilment, processing and payment. This information and data are also preserved for security reasons in order to respect legal liabilities and to enable us to improve and personalize the services we offer to you.
As stipulated in the French Freedom to Information act of January 6th 1978, (Loi Informatique et Libertés) you have a right to access and rectify the information concerning yourself. If you wish to do so, please contact us at: contact@surround-library.com with your name, first name, email and address and, if possible, your client reference number.
Following your choices stipulated when your Client Account was created, you may receive offers from our services. If you no longer wish to receive them, you can at any moment ask not to, through your account, heading “Newsletter Subscription”.
At Surround Library we want to be particularly attentive to client requirements. This is why we use cookies. A cookie enables us to know when you visit our website and to ensure the website is functioning correctly through your User Account and your purchases. Cookies are only used by Surround Library to improve the personal services we offer.
Surround Library cannot access your banking data give to Paypal when you purchase our sounds.
Surround Library does as much as it can to protect collected data from fraudulent use or illegal pirating, and cannot be held responsible for the use of data you have communicated to third parties to which Surround Library refers on its site, or through direct links, or regarding their own privacy policy.
You are responsible for the content of the comments you post on our blog or our forum in which give your name recorded as signature in your user account. We retain the right to edit or erase any comment we feel contains libellous, pornographic or insulting material.
10. Applicable Law – Litigation
The present Terms of Use is applicable under French Law only. The language of the present contract is English. In case of litigation between parties, they accept to try and resolve the problem through mediation and, in case of failure through mediation, attribute sole competence to the legal authorities of Paris (France).
11. Miscellaneous
Surround Library reserves the right to update the present Terms of Use. An announcement will be posted on our blog or online website under the heading “what’s hot”.