THESE TERMS AND CONDITIONS (“TERMS”) SET OUT BELOW GOVERN YOUR USE OF THE ZVONSYSTEM (“ZVONSYSTEM”) WEBSITE, FEATURES AND SERVICES (THE “SERVICES”) PROVIDED VIA ZVONSYSTEM’S WEBSITE WWW.ZVONSYSTEM.COM (THE “WEBSITE”). BY USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING, BROWSING, OR PLACING AN ORDER ON THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. ZVONSYSTEM PROVIDES THE SERVICES SUBJECT TO THE FOLLOWING TERMS, WHICH MAY BE MODIFIED OR AMENDED AT ANY TIME IN ZVONSYSTEM’S SOLE DISCRETION WITHOUT NOTICE, AND BY USING OR CONTINUING TO USE THE SERVICES AND/OR PLACING AN ORDER THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY AND ALL AMENDMENTS THERETO. PLEASE READ THEM CAREFULLY.
Electronic Communications. When you use any Service or send an e-mail to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically, including without limitation, e-mails, notices posted on the Website, or through the Services. You hereby agree that any such communications sent to you electronically satisfy any legal requirement that such communication from us to you be in writing.
Services and Products. ZVONSYSTEM provides the Services through the Website, which permits you to purchase or otherwise access digital media content, either via download or streamed from the Website, produced either by ZVONSYSTEM or its content suppliers (the “Providers”), and may include, without limitation, audio arrangement recordings or collections of musical loops and tracks, instrument presets, MIDI files, project files, and other content provided through the Website (“Soundpacks”), educational multimedia content, such as audio, video, photographic or written media (“Educational Content”), and any other product or content as ZVONSYSTEM may decide to offer for sale in its sole discretion (collectively, the “Products”). Tutorial videos are available for download on ZVONSYSTEM.com.
Privacy. Please review our Privacy Notice, which also governs your use of the Services and the Website.
Copyright. Any and all content included in or made available through any Service, including without limitation, Products, Soundpacks, Educational Content, text, graphics, videos, multimedia, logos, layouts, design, button icon, images, audio clips, digital downloads, data compilations and software (“Content”), are the exclusive property of ZVONSYSTEM or its Providers, and is protected by copyright laws. The compilation of all Content included in or made available through any Service is the exclusive property of ZVONSYSTEM and is protected by copyright laws.
Trademarks. Any and all graphics, logos, page headers, button icons, scripts, and service or trade names included in or made available through any Services are trade-marks or trade dress of ZVONSYSTEM or its affiliates, in Russia and other countries, where applicable (collectively, the “Trademarks”). You are prohibited from using the Trademarks in any manner or purpose, including without limitation, in connection with any product or service that is not ZVONSYSTEM’s or its affiliates’, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits or dilutes the goodwill of ZVONSYSTEM or its affiliates. All other trademarks not owned by ZVONSYSTEM or its affiliates that appear on the Website or made available or appears on any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZVONSYSTEM or its affiliates.
License. Subject to your compliance with these Terms, including without limitation, your payment of any applicable fees and/or taxes, ZVONSYSTEM and/or its Providers grant you a limited, non-exclusive, personal, non-transferable license to access and use the Services and any Products purchased via Services for personal use (the “License”). For the avoidance of doubt, the License does NOT include: (i) any collection and use of any product listings, descriptions, or prices; (ii) any downloading or copying of information for the benefit of another merchant; (iii) any use of data mining, bots, or similar data-gathering and extraction tools; (iv) commercial use of Educational Content; (v) creation of derivative works of Educational Content; (vi) the resale of any unmodified content provided in Soundpacks in whole or in part; or (vii) any conduct or activity otherwise prohibited under the provisions of these Terms. The License does, however, include the right for you to amend, alter, modify, adapt, combine, create derivative works from the Soundpacks you have purchased, to include elements from the Soundpacks in your own work, and to use the program presets provided on the Website for personal and/or commercial use. Any Content purchased from the Website will be royalty free, unless otherwise stated.
License Limitations. While you are free to create and commercially exploit original creative works incorporating elements from the Soundpacks, including, without limitation, songs incorporating the performances and/or lyrics contained in so-called lyrics packs, you may not register copyright in and/or to the lyrics themselves, which remain the sole property of ZVONSYSTEM. (For clarity, if registering original compositions utilizing said lyrics with music rights organizations such as SOCAN or ASCAP, you shall likewise not register the lyrics writer or performer for any royalties, mechanical or otherwise.) You shall furthermore have no right to claim copyright infringement against any other individual for the use of the lyrics.
Zvon System is not involved in contracts or agreements between buyers and sellers. However, all tracks on our marketplace are cleared for release on all platforms and are completely royalty-free (meaning the buyer is entitled to collect all royalties from the release of a "new song" created with the purchased music stems.
The track is owned by one buyer. If you purchase an Exclusive Track it’s a full buy-out of the master copyright which entitles you to 100% ownership of the stems as well as all associated royalties from the musical work.
ALL OF THE TERMS FOUND IN THIS CONTENT LICENSE AGREEMENT ARE LEGALLY BINDING FROM THE MOMENT OF PURCHASE ON ZVONSYSTEM.COM
Rights Reserved. All rights not expressly granted to you under the License or these Terms are reserved and retained by ZVONSYSTEM or its licensors, suppliers, publishers, rights-holders or other Providers. No Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ZVONSYSTEM. You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZVONSYSTEM without express written consent. You may not use any meta tags or any other “hidden text” utilizing the name or Trademarks of ZVONSYSTEM without the express written consent of ZVONSYSTEM. For the avoidance of doubt, any consent required to be obtained from ZVONSYSTEM may be unreasonably withheld by ZVONSYSTEM. You may not misuse the Services. You may use the ZVONSYSTEM Services only as permitted by law and as set forth in these Terms. The License granted by ZVONSYSTEM will automatically terminate in the event you fail to comply with these Terms, or any part thereof. ZVONSYSTEM further reserves the right to modify, suspend or discontinue the Website and/or the Services, or any part thereof, at any time and without notice to you, and ZVONSYSTEM will not be liable to you or to any third party should it exercise such rights.
Personality Rights. The Providers retain all personality rights. While you may incorporate elements from Soundpacks and the program presets in your own creative works, you may not use or reference the name of the Provider, including without limitation musicians and artists, who created the Content you use. For example, you may not reference any such Provider in your created works, commercial or otherwise, as “featuring,” “with,” or any other language which would create the impression of a direct collaboration. Any such use, or other deemed breach of any Providers’ personality rights may be cause for immediate termination of your Account and may result in legal action taken against you.
Product Descriptions. While ZVONSYSTEM attempts to accurately describe all Products offered for sale through the Services, ZVONSYSTEM does not warrant that such descriptions, or any other Content of any Services is accurate, complete, reliable, current, or error-free.
Payments and Taxes. All sales of Products are final. In the event a Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund of the total purchase price. If technical problems prevent or unreasonably delay delivery of your purchased Product, your exclusive and sole remedy is either replacement or refund of the total purchase price paid, as determined by ZVONSYSTEM in its sole discretion.
Price Changes. We reserve the right to adjust pricing or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following e-mail notice of such price changes to you.
Compatible Devices. Use of the Services and Products requires a compatible device, Internet access, and certain software (fees may apply). High-speed Internet access is strongly recommended for regular use and is required for video content. The latest version of certain software may be required or recommended to access the Website and/or Services and may be required for certain transactions or features of the Services and to purchase or download the Products, or to continue viewing or accessing purchased Products. You agree that meeting these requirements, which may change from time to time, is your sole responsibility.
Third-Party Software. There are software programs and technology contained within, or available through, the Website or the Services, that have been licensed to us by third parties (collectively “Third-Party Software”). Any Third-Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third-Party Software will not be held liable for the removal or other unavailability of such Third-Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third-Party Software contained in the Service. ZVONSYSTEM does not assume any responsibility or liability for your use of such Third-Party Software.
Third-Party Materials. Certain content, products and services available via the Website or Services may include material, data, content, logo or information from third parties or hyperlinks to third party websites. ZVONSYSTEM may provide links to third-party websites or products. You agree that ZVONSYSTEM is not responsible for examining or evaluating the content, accuracy or safety of such third-party content or websites, and ZVONSYSTEM does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ZVONSYSTEM is not in any way responsible for any such use by you.
Objectionable Material. You understand that by using the Services or Website you may encounter, directly or indirectly, material that you may deem to be offensive, indecent or objectionable, and that such material may or may not be identified as having explicit material, including without limitation, graphics, videos, lyrics, text and song titles. Nevertheless, you agree to use the Services at your sole risk and ZVONSYSTEM will have no liability to you for any such material.
Termination. If you fail, or ZVONSYSTEM suspects that you have failed, to comply with any provisions of these Terms, ZVONSYSTEM, in its sole discretion, without notice to you may: (i) terminate these Terms; and/or (ii) prohibit access to the Services or Website, or any part thereof.
Suspension And Cancellation. ZVONSYSTEM may, at any time, without notice to you, restrict, block suspend or cancel any or all of your use of the Website, the Services if you fail to comply in full with any of these Terms or any other terms, agreements or policies that apply to a Website and the use of it.
Disclaimer of Warranties and Limitation of Liability. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES ARE PROVIDED BY ZVONSYSTEM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ZVONSYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
ZVONSYSTEM WORKS TO PROVIDE PRODUCTS AND SERVICES THAT ARE FREE AND CLEAR OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RESTRICTIONS. ZVONSYSTEM CANNOT THOROUGHLY REVIEW ALL CONTAINED ON THE WEBSITE, AND YOU HEREBY INDEMNIFY AND SAVE HARMLESS ZVONSYSTEM FOR ANY THIRD-PARTY COPYRIGHT CLAIMS ARISING FROM YOUR USE OF ANY PRODUCTS OR INDIVIDUAL ELEMENTS THEREIN. IN THE EVENT THAT ANY PRODUCTS, INCLUDING WITHOUT LIMITATION MUSIC SAMPLES, PROGRAM PRESETS AND PROJECT FILES, ARE FOUND TO BE IN BREACH OF ANY RELEVANT LAW, ZVONSYSTEM RESERVES THE RIGHT TO CANCEL, DISCONTINUE, DELETE, OR OTHERWISE REMOVE FROM SALE AND ACCESS ANY OFFENDING PRODUCT OR PRODUCTS, OR THE OFFENDING ELEMENTS CONTAINED THEREIN. YOU FURTHERMORE DISCLAIM ANY CAUSE OF ACTION AGAINST ZVONSYSTEM ARISING OUT OF LOSS OF ACCESS TO ANY CONTENT ACCESSED VIA THE WEBSITE OR ZVONSYSTEM’S SERVICES IN THE EVENT OF ANY SUCH INTELLECTUAL PROPERTY BREACH.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZVONSYSTEM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZVONSYSTEM DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZVONSYSTEM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES (INCLUDING THOSE PRODUCED BY THE PROVIDERS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes. Any disputes or claims regarding your use of the services or any products or services sold, distributed or otherwise provided by ZVONSYSTEM through the Website or Services will be resolved at the legislative level of the Russian Federation.
Special Notice for International Users. Products and Services available in connection with the Website and the transmission of applicable data, if any, is subject to export controls. No software or copyrighted material may be downloaded via the Services or Products, or otherwise exported or re-exported in violation of export laws. Downloading or using the Products or Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Products and/or Services, including as it concerns online conduct and acceptable content.