TERMS OF SERVICE

OVERVIEW

 

We urge you to carefully review the Terms before you begin using the Site. By using or accessing any part of the Site, you agree to be bound by the terms of these Terms of Service. If you do not agree to be bound by this agreement or any future modifications that the Company may make, we ask that you refrain from using, accessing or continuing to use the Company's services and the Site.

The materials hosted in this virtual space are protected by copyright and trademarks.

Throughout the site, the terms "we", "us", "us" and "our" refer to Mole Quirk Sounds. We reserve the right to update, modify or replace any part of these terms of service, either with or without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We reserve the right to withdraw or amend this Website, and any service or material offered on it, at our sole discretion and without notice. We also reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice, and we do not warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to certain areas of the Website, or even the entire Website, to users, including registered users.

By agreeing to these Terms of Service, you represent that you are either of legal age of majority in your state or province of residence, or you are of legal age of majority in your state or province of residence and you consent to the use of this site by your minor dependents.

Use of the Site and/or the Content does not establish any partnership, client, fiduciary or other professional relationship.

 

GENERAL TERMS AND CONDITIONS

 

The samples included in this website are provided under licence, they are not available for sale. The licence granted is exclusively to the original user/purchaser of the product and is valid globally.

Mole Quirk Sounds is the exclusive copyright holder and acts as the exclusive licensor of all sounds and/or sound libraries purchased through the molequirksounds.com website.

You may use our royalty-free loops and samples for the creation of original musical compositions. You are authorised to sell such compositions created with our sounds. Mole Quirk Sounds grants you a non-exclusive right/licence to incorporate the sounds into audiovisual or multimedia productions, such as films, radio, documentaries, commercials, television, theatre, video games, business presentations, apps, podcasts, blogs, websites, school and university projects, prisons, concerts and live events. However, our products CANNOT be used in the creation of sound libraries and/or loops.

The Licensee is not permitted to upload the licensed samples, sounds and sound effects in their original form and/or as a stand-alone product, in whole or in part, to media platforms such as YouTube or Spotify for commercial gain or to claim ownership.

Audio demos are provided exclusively as unlicensed "demos", they may not be recreated or used in their current state.

The use of the molequirksounds.com sound base in similar services that employ artificial intelligence or similar technologies to generate content for resale purposes is neither permitted nor authorised.

Licensee also may not use the name of the producer, artist or vocalist of the purchased Sample Pack in the title of their compositions. All rights not expressly granted to the user are reserved.

The licence expressly prohibits the resale, rental, loan, gift or transfer of these samples in any format or medium, with the exception of their inclusion as part of a derivative musical work. The collection may not be resold or transferred to third parties, as the licence is single-user and non-transferable.

The uploading of products to file sharing sites, Torrent, as well as Peer-2-peer, Crack or Warez sites is prohibited. The resale of products and/or material to third parties is also not permitted.

Mole Quirk Sounds reserves the right to publish demos of their products on YouTube and to claim ownership of the copyrights due to the fact that they own the compositions and arrangements.

All products, demos, MP3s, artwork, logos, interfaces, photographs and images on this website are owned or licensed by Mole Quirk Sounds and are protected by copyright and intellectual property laws.

We have endeavoured to display as accurately as possible the colours and images of our products in the shop, although we cannot guarantee that the display on your computer monitor will be completely accurate.

 

RIGHTS AND RESPONSIBILITIES

 

Your use of the Site and Content is limited solely to the purposes specified or implied therein, and any use you make of the Site and Content is at your own risk and responsibility. Mole Quirk Sounds assumes no liability if the sounds do not meet the purchaser/licensee's particular purpose. We do not warrant that the results obtained from the use of the service will be accurate or reliable.

molequirksounds.com has the right to assign, assign and delegate all or any of its rights and obligations to any third party.

This site may contain historical information. Historical information, by its nature, may not be current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we are not obligated to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, offers, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time, without prior notice (including after you have submitted your order).

 

PRICES AND SERVICES

 

The price associated with the purchase and download of each product will be clearly specified. The prices of our products are subject to change without notice. Every order placed on the molequirksounds.com website is delivered digitally via the web. There is no physical shipment or delivery of tangible goods to the customer.

It should be noted that use of the Site may incur data charges set by your Internet or mobile phone service provider and it is your responsibility to pay such charges. We will not be liable to you or to any third party for any adjustments, price changes, suspensions or interruptions to the Service.

 

 

ORDER MANAGEMENT

 

We reserve the right to refuse service to any individual, geographic region or jurisdiction for any reason at any time. In addition, we reserve the right to set limits on the quantities of products or services available. At our discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may apply to orders placed under the same customer account, the same credit card and/or with the same billing and/or shipping address.

In the event of any changes or cancellations to an order, we will endeavour to notify you via the e-mail address and/or billing address/phone number provided during checkout. We also reserve the right to restrict or prohibit orders that, in our sole discretion, appear to be from dealers, resellers or distributors.

Any offer of products or services on this site will be void where prohibited.

 

REFUND POLICY

 

In view of the intangible nature of our digital products, we regret to inform you that Mole Quirk Sounds is unable to issue refunds.

As our digital products are delivered via internet download, it is not feasible to process returns on purchases. We strive to provide clear and detailed descriptions of our products, with the goal of providing our customers with the information necessary to make informed purchasing decisions.

 

DOWNLOAD TRACKING

 

Download links will remain active for 120 hours or will be valid for a maximum of 5 downloads. It is imperative that you download the file within this period. All our products are compressed in RAR/ZIP files. If you do not receive the download links in your email within 24 hours, we urge you to contact us immediately. We are not responsible if you do not receive the download links due to entering an incorrect email address. In the event of any problems with an item purchased, we request that you contact us. We offer assistance in resolving any problems with the proper functioning of the product you have purchased. You can find quick solutions on our FAQ page, so please review them before contacting us.

The company may take up to 14 days to resolve the problem or issue a full refund if it cannot be resolved. Please note that most of our products, such as Kontakt libraries, cannot be reverted once the download is complete, as we act as a third party supplier.

 

PROHIBITIONS

 

In addition to the restrictions detailed in the Terms of Service, you may not use the site or its content for: (a) unlawful purposes; (b) solicit others to engage in unlawful activities; (c) violate local, international, federal, provincial or state laws; (d) violate our intellectual property rights or the intellectual property rights of others; (e) provide false or misleading information; (f) defame, libel, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (g) submit viruses or other malicious code that may affect the functionality of our Service or any related website, as well as other websites or the Internet; (h) collect personal information from third parties; (i) engage in obscene or immoral activities; (j) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (k) interfere with or circumvent the security features of the Service or any related website, as well as other websites or the Internet.

We reserve the right to terminate your use of the Service or any related website if you are found to be in violation of any of the prohibited activities.

You are expressly prohibited from reverse searching, tracing or attempting to trace information about other users, visitors to the site or any other customer of ours.

Any deliberate attempt to place incorrect or fictitious orders will be prosecuted. In extreme cases or when required by law or regulation, Mole Quirk Sounds reserves the right to take legal action and/or report users to the competent authorities.

 

PAYMENTS AND ACCURACY OF BILLING AND ACCOUNT DETAILS.

 

Our shop is hosted by Shopify Inc. which provides us with the e-commerce platform to sell our products and services.

By making purchases from our shop, you agree to provide current, complete, and accurate purchase and account information. You also agree to keep your account, including your email address, updated in a timely manner.

Purchase receipts will be available and printable from the "My Account" page of the site as proof of purchase. Your order constitutes an offer to purchase a bookstore which will be accepted and confirmed by us once you have made full payment through the Shopify payment platform and are redirected to the Site, at which time delivery of the bookstore will commence. You have the right to cancel your purchase free of charge until delivery of the files has commenced. However, once delivery of the files has begun, the purchase will be final. The files will be available for download as soon as we receive the cleared funds.

 

All transactions are charged immediately. If your card issuer refuses to authorise payment, your order will be cancelled, and we will not be liable for any delay or non-delivery. We assume no liability for any charges that your card issuer or bank may apply as a result of processing your credit or debit card payment against your order, and we are not obliged to inform you of the reason for the rejection. By using your card, you confirm that you are the owner of the card and that you have sufficient funds or credit to cover the charges. Please note that international payments and certain payment methods may incur additional processing fees.

Your use of the Site may be subject to data charges imposed by your Internet or mobile phone provider and you will be responsible for their payment.

 

INTERACTIONS WITH USERS: FEEDBACK AND COMMENTS 

 

When you provide feedback to us, whether at our request, voluntarily or submit creative ideas, suggestions, proposals or other materials, whether online, by email, postal mail or otherwise (collectively, "Submissions"), you agree that we have the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions you provide to us. We are under no obligation to maintain the confidentiality of any Submissions or to pay any compensation or to respond to any Submissions.

We reserve the right, but are not obligated, to monitor, edit or remove content that we, in our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

 By submitting comments, you warrant that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. In addition, you agree that your comments will not contain defamatory or illegal material, computer viruses or other harmful elements. You may not use false or misleading information or impersonate any other person. You assume full responsibility for the accuracy of your comments. We are not responsible for comments provided by you or any third party.

 

WARRANTIES AND LIMITATION OF LIABILITY: YOUR USE AT YOUR OWN RISK

 

By using the service, you knowingly agree that you do so at your sole risk. The service, including all products and services provided through it, is provided on an "as is" and "as available" basis, without express or implied warranties of any kind, such as merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.

In no event shall Mole Quirk Sounds, its directors, officers, employees, affiliates, agents, interns, contractors, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages, losses, claims or damages of any kind. This includes (but is not limited to) loss of profits, revenue, savings, data, replacement costs or other similar damages, whether in contract, negligence, strict liability or otherwise, arising out of your use of the service or any product obtained through it, or any other claim related to your use of the service or any product.

 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, Mole Quirk Sounds' liability shall be limited to the maximum extent permitted by law.

Any claim or cause of action relating to use of the service must be filed within one year after the claim or cause of action arises or be barred permanently.

Mole Quirk Sounds shall not be liable for failures or delays in the performance of its obligations due to events beyond its reasonable control, such as technology failures, natural events, acts of third parties, governmental actions and other similar circumstances.

It is your responsibility to install appropriate security software to protect your hardware against computer threats. Mole Quirk Sounds makes no warranties in this regard and shall not be liable for any losses arising from the lack of security measures.

 

TO THE EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY FOR LOSS OR DAMAGE CAUSED BY CYBER ATTACKS, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE.

 

We also assume no responsibility for the inability to receive, access or use Mole Quirk Sounds due to the incompatibility of your equipment or systems with the required technical specifications.

 

HELP AND SUPPORT

 

We are here to help you if the product you purchased has problems. You can explore quick solutions in our Support section at: https://molequirksounds.com/pages/support.

We recommend that you review these page as a first step. If you need additional assistance, please feel free to email us directly at support@molequirksound.com. We will endeavour to respond to your request in a timely manner.

 

LINKS TO THIRD PARTIES AND ADDITIONAL TOOLS

 

Within our service, you may find content, products and services that include materials provided by third parties.

Links to third party websites on this platform may direct you to sites not affiliated with us. We assume no responsibility to review or evaluate the content, and we do not warrant and have no liability or responsibility for any third party materials, products or services, or any other content linked to third parties.

Any harm or damage related to the purchase or use of goods, services, resources or any other transactions linked to third party websites is your responsibility. You are urged to carefully review the policies and practices of third parties before entering into any transaction. Complaints, claims or questions regarding third party products should be directed to such third parties.

 We are not obliged to update, amend or clarify information on external websites, including pricing data, except as required by law. The absence of a specific update date does not imply that all information on an external site has been changed or updated.

You are provided access to third party tools over which we have no control. You agree and acknowledge that we provide access to these tools on an "as is" and "as available" basis, without warranties or conditions, and without endorsement. We assume no liability for your use of these optional third-party tools.

Your use of optional tools through the site is at your own risk. You must be familiar with and agree to be bound by the terms provided by the third party providers.

Any new features, services or tools added to the site will be subject to these Terms of Service.

 We also reserve the right to disable social media features or links at any time, at our discretion and without notice.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Mole Quirk Sounds and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents incorporated by reference. This liability also covers your violation of laws or rights of third parties, as well as any claims relating to violation of rights of publicity and privacy, copyright infringement or trademark infringement, arising out of your use of the Website, the Products and Services, and your interaction with third party sites.

 

PRIVACY AND DATA PROTECTION

 

In compliance with General Regulation 679/2016 on the Protection of Personal Data, personal data collected through the collection forms or any other means related to the Website will be processed by Mole Quirk Sounds, which holds the status of File Manager. The personal data of the users of the Website will be treated with absolute confidentiality and in compliance with the duty of secrecy established in the regulations.

Also, personal data obtained through the Website are incorporated into the corresponding register of processing activities of Mole Quirk Sounds. Mole Quirk Sounds has implemented appropriate technical and organizational measures to ensure the security of your personal data and prevent its destruction, loss, illegal access or unlawful alteration. In determining these measures, criteria such as the scope, context and purposes of the processing, the state of the art and the existing risks have been taken into account.

Mole Quirk Sounds undertakes not to transfer or communicate personal data to any third party, unless explicitly authorised by the user.

 

However, Mole Quirk Sounds may be required to allow access to the User's personal data to third parties who provide services to Mole Quirk Sounds. These third parties will have the status of processors, and will only process personal data in accordance with the instructions of Mole Quirk Sounds and in order to perform such services. Under no circumstances will they use the User's personal data for their own purposes or for purposes other than those detailed in this Policy.

The User can exercise their rights of access, rectification, cancellation and opposition by sending a communication accompanied by a copy of an identity document to the following e-mail address: support@molequirksound.com

 

SUSPENSION OF THE SITE

 

If your use of the Site or any portion of the Site does not meet your expectations, your sole remedy is to discontinue using the Site.

We reserve the right to refuse service to anyone, for any reason, at any time.

 

 

GOVERNING LAW

 

These Terms are governed by the laws of Spain, without regard to its choice of law or conflict of law provisions, and to the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising out of or in connection with these terms shall be settled by the Spanish courts.