Terms & Conditions
Last update: January 14, 2021
Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.jonmartinstudios.com website and Jon Martin Studios ® mobile application (the “Service”) operated by Jon Martin Studios ®
Please read these Terms and Conditions carefully before using our website and Jon Martin Studios ® mobile application (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Payment Methods
Paypal
Credit Card
Bancomat
Alipay
Jon Martin Studios Audio Sample License Agreement
This Sample License Agreement regulates the use of audio samples purchased by users from Jon Martin
Studios’s platform website: https://jonmartinstudios.com.
The user purchasing the audio samples from Jon Martin Studios’s platform website expressly agrees and
accepts the conditions and the terms of this license agreement and the general terms and conditions of the
platform Jon Martin Studios’.
1. License of use – Rights granted
1.1. The purchase by the user of the audio samples from Jon Martin Studio’s website is not intended
as a transfer of rights. Purchasing the audio samples from Jon Martin Studios, the user obtains the
license to use the audio samples for both commercial and non commercial purpose for music
productions only.
1.2. The user is expressly allowed to use the audio samples for making demos, songs, albums,
remixes, computer games, gaming machines, advertising, jingles, post productions, pieces for film,
theatre, musicals, TV and live performances.
1.3. The licensee may use the audio samples in compositions.
1.4. The user may use the audio samples within other compositions for both commercial and non
commercial use. This excludes full mix previews of song starters, audio stems and full mix loops.
1.5. The user is strictly forbidden from releasing full mix previews of song starters.
2. Rights and uses excluded
2.1. Jon Martion Studios reserves any other rights not expressly granted to you by this license.
Therefore, any other uses of the audio samples not listed in the article 1 above are expressly
forbidden.
2.2. The user is expressly not allowed to copy, duplicate, sell, lend, rent, hire, broadcast, upload or
download to any database, news groups, servers, computers, file sharing services or otherwise
distribute Jon Martin Studios’ audio samples.
2.3. Jon Martin Studios only licenses the audio samples to a single user. Therefore, the user cannot
sell any Jon Martin Studios audio samples second hand or purchase any Jon Martin Studios audio
sample second hand and use them in music compositions or productions.
2.4. The audio samples may not be used both individually and in combination with other audio
samples to create alternative sample packs in competition with Jon Martin Studios.
2.5. This user license agreement is non transferable.
3. Warranties and Representations
3.1. Jon Martin Studios will not be held responsible if the audio samples do not fit the particular
purpose of the user.
3.2. The audio samples are licensed ‘as is’ without warranties of any kind.
3.3. The Jon Martin Studios cannot be held liable for any direct, indirect or consequential loss arising
from the use of any audio sample licensed from Jon Martin Studios in whatever form.
3.4. The Jon Martin Studios can not be held responsible for any and all infringements that may arise
from the use of the audio samples by the user in any manner.
4. Territory
4.1. The territory covered by this license shall be the world.
5. Cost and execution
5.1. The cost for the purchase of each audio sample is indicated in Martin Studios’s website.
5.2. By completing the purchase of any audio sample the user agrees of all the terms of the User
License Agreement and the Jon Martin Studios website’s Terms and Conditions.
6. Applicable law and jurisdiction
6.1. This agreement (including the validity and enforceability hereof shall be governed by, and
construed in accordance with the Law of Italy.
6.2. Any legal action or proceeding with respect to this Agreement or may be brought in the Court of
Rome.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of entertainment@jonmartinstudios.it and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Jon Martin Studios ® and its licensors. The Service is protected by copyright, trademark, and other laws of both the Italy and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Jon Martin Studios ®
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Jon Martin Studios ®
Jon Martin Studios ® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Jon Martin Studios ® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Jon Martin Studios ® , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Jon Martin Studios ® its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
- By email: entertainment@jonmartinstudios.it
- By visiting this page on our website: www.jonmartinstudios.com
- By mail: 9350 Wilshire Blvd, Suite 203, Beverly Hills, CA 90212, United States
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