Terms and Conditions

General terms and conditions for using the website

By accessing this Web site owned and operated by Fábrica de Sons OÜ (the "Company") you ("You") are agreeing to comply with and be bound by the following terms and conditions outlined in this terms of use agreement ("Agreement") relating to the use of this Company Web site (the "Site") and relating to the purchase or licence of products and services provided on and through the Site. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

The Site may contain links to other Web sites. The Company is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by the Company. If you decide to leave the Site and access these third party sites, you do so at your own risk.

The Company reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to the Site, to any person or entity, for any reason.

Use License

  1. The Company hereby grants to You a personal and non-exclusive licence (the "Licence") to access, read and download one copy of the Content to one local hard drive and make one additional backup copy for your personal use. This is not a transfer of title.
  2. Under the Licence you may not and shall not, without the Company's express written authorization:
    1. transfer the Licence;
    2. remove any copyright or other proprietary notations from the Content;
    3. distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system;
    4. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content or any software hosted at the Site in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or
    5. permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Content.
  3. The Company is not obligated to provide any authorization referred to in paragraph 2(b), the Company reserves the right to charge a fee for the grant of such authorization, and the Company may cancel such authorization at its sole and unfettered discretion by providing notice to You of such cancellation.
  4. The restrictions set out in this Agreement, including the restrictions listed at paragraph 2(b), shall not apply to the limited extent the restrictions are prohibited by applicable law.
  5. If the Content includes any audio waveforms and/or videos, then those audio waveforms and/or videos are included as demonstrations only and no rights to such audio waveforms are included in the Licence.

Licence to Use Your Information

With the exception of personal information, You hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by the Company in writing or required by law. You represent and warrant that you have the right to grant the licence set out in this provision.

Personal Information

The Company reserves the right, and You authorize the Company, to the use and assignment in any manner consistent with the Company Privacy Policy of all personal information provided by You or on Your behalf.

Privacy Policy

The Privacy Policy sets out how the Company will use your information. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Limitations

In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Company's website, even if the Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images and graphics) made available to you on or through this Website remains the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Links

The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of such sites. Use of any such linked website is at the user's own risk.

Prices, Payments and Delivery

  1. You understand that, in order to be able to purchase or license products or services provided on the Site, You will have to provide credit card or other payment information (the "Information") to third parties including, but not limited to, Stripe Inc. (the "Provider"). You agree that Your provision of the Information constitutes a representation that the Information is accurate and complete. You agree that the Provider may use the Information to charge You for any purchased or licensed products or services through the Site.
  2. The Company reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to product descriptions, warranties, and prices for any reason, including, without limitation, Your or the Company's errors, product discontinuations, changing costs, new market conditions, or any other business factors.
  3. All prices are subject to applicable provincial and federal sales tax, handling charges and shipping charges.
  4. All orders delivered by shipment may be subject to additional taxes, shipping charges, customs and duties, all of which will be paid and provided for solely by You.
  5. The Company shall deliver to You the products or services purchased or licensed through this Site only after full payment for such products or services has been received by the Company.
  6. Promotional offers are valid for a limited time only. All promotional, discounted, and pre-order sales are final. Offers are not retroactive and apply only to the products specified. The Company reserves the right to stop any offers at any time.

Return and Refund Policy

Please refer to the Refund Policy for information on refunds.

Refusal of Service

The Company reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to the Site, to any person or entity, for any reason.

Disclaimer as to Ownership of Trade Marks, Images of Personalities and Third Party Copyright

Except where expressly stated to the contrary all persons (including their names and images), third-party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.

Indemnity

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

The Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, Products and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Termination

  1. This Agreement is effective until terminated by the Company, with or without cause, in the Company's sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies.
  2. The disclaimers, limitations on liability, ownership, termination, interpretation, Your licence to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
  3. This Agreement will automatically terminate if You violate or assist in the violation of any of the restrictions in the "Use License" section, paragraph 2(b).
  4. On the termination of this Agreement, you must destroy any Content in your possession whether in electronic or printed format.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Tallinn, Estonia, and you irrevocably submit to the exclusive jurisdiction of the courts in that Province or location.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and the Company.

Last update: July 1st 2023