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Terms and Conditions

1. www.luminolaudio.com is managed by Graham Kirkman.

Email: info@luminolaudio.com

The site distributes sound libraries that have all been personally recorded by Graham Kirkman

 

2. Prices

Payment is made using Paypal.

 

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 30 days. If the links expire before you have downloaded my purchased product(s), contact me and I will help you out. The licences sold by me are valid accordingly and the scope of the licence remains as described in the End User Licence Agreement

 

4. Usage rights and licence

The licence terms and usage rights for sound effect libraries purchased through Luminol Audio can be found in the End User Licence Agreement. Unless otherwise noted, this agreement governs all purchases made through Luminol Audio

 

5 Return policy and refund

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 me at info@luminolaudio.com and I’ll help out

 

6 Indemnity

By using this site and any products acquired from the site, you agree to indemnify Luminol Audio for any loss or damage that may be incurred by Luminol Audio,  including without limitation legal fees, arising from my use of the Site or my use of any information obtained through the site

 

7 Personal Data and Privacy

I will not sell, rent out, or give away your email address or other contact information. Here is how I may use contact information you provide:

I will use my contact information when you make a purchase on the site to deliver download links, invoices and technical support when needed.

 

  • I may send you service messages such as login information, transactional messages, password and abandoned cart reminders and other notifications.

  • If you sign up for it, you’ll receive a newsletter email whenever I release a new library or there are special offers and/or sales.

  • Wix is my newsletter service, so my data is transferred to them for processing.

End User License Agreement

license agreement for users of Sound Libraries purchased through Luminol Audio (www.luminolaudio.com) operated by Graham Kirkman (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 (Graham Kirkman) 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.

 

2. Rights Granted The license(s) granted in this Agreement allows the Licensee to

a. install and use the Sound Libraries on the Licensee’s workstation. although the Licensee is permitted to make and keep backup copies of the Sound Libraries on other storage devices

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. RestrictionsThe 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 my Sound Libraries in ways that are mentioned in the Restrictions, please get in touch with me.

 

5. 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

 

6 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

 

7 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

 

8. 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

 

9. 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 LawThis 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.

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