Who we are
Our website address is: https://matchingsoundeffects.com.
1.1 Users agree to be bound by these Terms and Conditions (“T&C”), and other Contract Documents published on the Website when buying Our Products and using Our Website. If Users do not agree to the Terms, Users should not use the Website, request or register for any Services or buy any Products that We from time to time offer.
2.1 “Buyers” refers to a private or legal person who buys Our Products and Services through the Website.
2.2 “Content” refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, images and other data or copyrightable materials or content on the Website.
2.3 “Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services and Website.
2.4 “MSFX”, “We”, ”Us” or “Our” refers to MATCHING SOUND EFFECTS (the individual company “Lyster”) , together with its subsidiaries, affiliates, agents, representatives, consultants, employees, officers and directors.
2.5 “Products” refers to the Products sold through the Website, such as collections of sound effects.
2.6 “Services” refers to the services provided by Us on the Website.
2.8 “User” refers to a Buyer or any other visitor to the Website.
3 License to use the WEBSITE
3.1 All rights not expressly granted herein are reserved to Us.
Users are hereby granted with a non-exclusive, non-transferable, limited right to access and use, the Website and materials, hereinafter called (the “Content”) on the Website, subject that Users comply fully with these T&C. Users may not modify, create derivative works from, participate in the transfer or sale of, post on the web, or in any way exploit the Website or the Services or any part thereof without the express written permission from Us.
3.2 Users are not allowed to distribute, transmit, translate into any language, publish, rewrite, reproduce, create derivative works from, transfer, or sell any Content contained on the Website, without the express prior consent from Us.
3.3 Any images included on the Website are provided for use only in the context of the Website and subject to all of the limitations set forth herein.
3.4 Users shall not interfere or attempt to interfere with the operation of the Website including, but not limited to, spamming, hacking, uploading computer viruses or spyware.
4 Intellectual property rights
4.1 The Content on the Website and all rights to the Property sold through the Website are owned by MSFX and is protected by the Swedish and international intellectual property laws including, without limitation, copyright, trademark, trade secrets, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”).
4.2 Users of the Website hereby acknowledge that they do not have or will acquire any ownership rights of Our intellectual property. Users are responsible for complying with all applicable laws, rules and regulations regarding their use of any Content or Our Products. In the event of any permitted copying, redistribution or publication of Content from the Website or Products, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
5 Limitation of Liability and Indemnity
5.1 All Users use the Website at their own risk. We 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 Products or the Website.
5.2 Users agree to indemnify and hold Us, Our officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors, harmless from and against any and all damages, claims, demands, suits, injuries, losses, costs including attorney fees and expenses resulting from any violation by Users of these T&C.
5.3 We do not become involved in legal disputes between Users or third parties. Our Products and Services are intended for Users over the age of eighteen (18).
6. Third Party Content
6.1 Some of the Content on the Website may be owned and contributed by third parties. Such content does not necessarily represent Our views or opinions and We are not responsible for third-party Content and the reliance upon Content posted on the Website by third parties is at Users own risk. We are not responsible for the products, services, actions or failure to act of any other third party in connection with the Website or the Services.
7.Disclaimer of warranties
7.1 We reserve the right, in Our sole discretion, to correct any errors or omissions in any portion of the Website. Users also acknowledge that the Website, including all Content, software, functions, materials and all information, is provided on “as is” and “with all its faults” basis. There can be errors, bugs, system failure and/or Internet failure on events out of Our control. Neither Us, nor Our third party Content providers warrant that the functions, features or content contained on the Website, will be uninterrupted, accurate or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components.
8. Termination and Change to Website
8.1 By accepting these T&C, Users have accepted that We have the right in Our sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Website, without notice to the Users. Users agree that We will not be held liable to the User or any third party as a result thereof. Changes are effective when posted and Users continued use of the Website following the posting of changes to these T&C will mean that the User accept those changes.
9. Force Majeure
9.1 Neither Party shall compensate the other Party for damage or financial losses arising from “Force Majeure”, such as, for example, but not limited to, strikes, fires, wars, natural disasters or other circumstances beyond the control of the Party and which the Party could reasonably not be expected to count on, or whose consequences the Party could not reasonably avoid or overcome.
10 Applicable law and jurisdiction
10.1 This Agreement shall be interpreted in accordance with Swedish law. Disputes arising in connection with the interpretation or application of these T&C and related legal relationships shall, in the first instance, be settled directly between the Parties. If the dispute cannot be resolved through an internal settlement between the Parties, the dispute shall be settled and examined by arbitration in, and in accordance with, arbitration rules for, the Arbitration Institute of the Stockholm Chamber of Commerce (Simplified arbitration or ordinary arbitration procedure depending on the circumstances of the case).
11 Personal data and privacy
11.1 Buyers are consenting to have their personal data transferred to and processed in Sweden by Us, when buying Our provided Products and Services through the Website.
11.2 We will not sell, rent out or give away Buyers or Users email address or other contact information. We only use the provided information for contact purposes, technical support and to deliver bought Products and Services.
11.3 Both Us and all Users/Buyers must fulfill all duties required of data controllers under applicable EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”).
12 Other provisions
12.1 In the event that any provision of these T&C shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
12.2 Nothing in these T&C provides Users with the right, license, authorization or approval to make binding agreements with any person or entity on behalf of Us.