TERMS AND CONDITIONS
Terms and Conditions of Services Offered by DARTH SOUND
Thank you for using the web services of DARTH SOUND. These terms of service ("Agreement") cover your use and access to the services, client software, and websites ("Services") provided by DARTH SOUND. By using our Services, you agree to be bound by the terms clearly outlined in each product description for all products sold and displayed in the digital storefront by DARTH SOUND (product descriptions, whose terms and conditions constitute a contract once the purchase is made), and by all further conditions contained in this Agreement and by reviewing our Privacy Policies. If you are using our Services on behalf of an organization, you agree to the terms of this Agreement on behalf of that organization. If, at any time, you do not agree or cannot accept the terms of this Agreement, there is no refund, and depending on the chosen Service, you must discontinue access or use of the Services.
Terms and Conditions on Pricing
DARTH SOUND accepts credit cards for one-time payments and/or for any subscriptions offered by us and subscribed to by you. All fees and charges are non-refundable, and there are no refunds or credits: DARTH SOUND DOES NOT ISSUE REFUNDS OR CREDITS for all Services purchased as a one-time payment and/or as a subscription. DARTH SOUND will charge the applicable fees to the credit card or PayPal account associated with your DARTH SOUND account. It is your responsibility to provide DARTH SOUND with valid credit card information. DARTH SOUND does not accept responsibility for completing any transaction that cannot be processed by our payment processor, either due to a lack of available funds on your credit card or for any other reason. In such a case, you will receive an error message from the Service, and the transaction will be denied. Unless otherwise specified, all references to currencies must be in Dollars: unless clearly stated otherwise, all amounts stipulated in this Agreement and in the Service are expressed in Dollars and exclude all applicable taxes. If you pay any Fees through the DARTH SOUND Platform using a credit card, (a) you declare that you are authorized to use this credit card, and (b) you have provided us with true and accurate financial information. You specifically instruct and authorize us to use your credit cards to conduct transactions you make indirectly when using the DARTH SOUND. We do not provide deposit or trust services, and we have no fiduciary obligation to you. You understand and agree that we will not pay any interest on any amount we hold or may owe you, even if we may receive interest or earnings on that amount. This Agreement constitutes the entire and exclusive agreement between you and DARTH SOUND regarding the Services and supersedes any prior agreement between you and DARTH SOUND regarding the Services. You agree not to assign or otherwise transfer this Agreement or any of the resulting rights or obligations to any third party without the prior written consent of DARTH SOUND, and you acknowledge that such consent is at the exclusive discretion of DARTH SOUND. No assignment or delegation made by you shall relieve you from any obligation arising from this Agreement. Subject to the foregoing, this Agreement shall be binding upon, for the benefit of, and enforceable by each of the Parties and their respective successors and assigns. DARTH SOUND may assign this Agreement to any third party without requiring your consent, in which case DARTH SOUND shall be relieved of all its obligations to you under this Agreement if the assignee agrees in writing to assume and be bound by such obligations. Nothing in this Agreement constitutes a joint venture or partnership between you and DARTH SOUND. If a particular provision of this Agreement is deemed invalid within a given jurisdiction by a competent court of jurisdiction, such provision shall be deemed eliminated from this Agreement for that jurisdiction without affecting its validity in its entirety. By accepting the Terms and Conditions The Parties have expressly requested that this Agreement be designated in English and that any amendments thereto may be made in this language.
Transactions for Use
When you use the DARTH SOUND service and order the mixing and/or mastering of a song or an audio work that incurs a fee for each use, the amount due will be immediately charged to your credit card for each transaction made. In general, by using our Services, you provide us with information such as your files, content, configuration settings, metadata, and so on (your "Assets"). The Assets always remain yours. The terms of this Agreement do not grant us any rights to your Assets except for the limited rights that allow us to provide the Services. We need your permission to host, back up, and share your Assets when you ask us to do so. Some features may require access to our systems (like "Free Content"), so the storage, and scanning of your activities. We may also use your Data (as defined in our Privacy Policy) to conduct research or studies, test features under development, and analyze the information available to us in order to assess and improve our Services, implement new services, and conduct audits and fault analysis procedures, or for promotional purposes. You authorize us to do so, and this consent extends to trusted third parties with whom we work. All this concerns the exclusive use of technical cookies. When you access our Services through an offer or a link provided by a DARTH SOUND partner, we may share some of your Data with that partner, including your name, email address, subscription plan for our Services, and information about your use of our services. You authorize us to share such information with the mentioned partner. The Data shared with such partner will also be governed by the partner's terms of use and privacy policy. Specifically, for the Special Promotional Service called "COMPLETE FREE MIXING AND MASTERING," the choice of which songs will actually be mixed and mastered for free for their entire duration (this specific service does not include mixing and mastering of shorter length than the actual duration of the song/audio work) is arbitrary and at the exclusive authority of DARTH SOUND. The primary criterion is whether the customer's chosen song has been deemed by DARTH SOUND staff to be "deserving" - an adjective that is nevertheless arbitrary and subjective - to appear on the website's "Audio Examples" page. Therefore, by choosing this service, if DARTH SOUND deems the customer's song "worthy," it will be professionally mixed and mastered for free for its entire duration. At the same time, the customer of this service agrees to the condition that the same song, in the exclusive version mixed and mastered by DARTH SOUND, may be used for promotional purposes for their business on this same website - and on any other websites owned by the same entity and exclusively operating in the same audio services (for example, excerpts of the song or the entire work may be featured on the "Audio Examples" page). DARTH SOUND also commits to not using the song for any other purpose except as described here. It is obvious and certain that the intellectual property of the song and any related rights remain exclusively with the customer (i.e., the composers, authors, etc. who created the original product). DARTH SOUND can only use such a song, AND ONLY IN THE VERSION SPECIFICALLY PROCESSED BY ITSELF, for the purposes described so far, namely promotional (essentially exposure on the "Audio Examples" pages).
Contact
For any customer service inquiries, or for any doubts, questions, or complaints regarding this Agreement, please contact DARTH SOUND at:
DARTH SOUND darthsound.berlin@gmail.com
The last update of this Agreement was on 22/02/2024