Terms & Conditions
This website is operated by Manifest Audio. Throughout the site, the terms “we”, “us” and “our” refer to Manifest Audio. Manifest Audio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service 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.
Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
These terms are applicable for all purchases made on the Manifest Audio GbR Website (“Manifest Audio”).
All of the general terms and conditions set forth below are incorporated herein.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SYSTEM REQUIREMENTS FOR USAGE
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. From time to time, you may have to install software, available through the Website, to aid in the accessibility of Content; however, the purchase or obtaining of any other product shall not be construed to represent or guarantee your access to the Content. If you need information on the specifications of any equipment, Internet access or software required to use the services provided by the Website, please contact the Customer Support team. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
This is a non-exclusive, non-transferrable, terminable license agreement between you and Manifest Audio GbR. Upon your purchase or download of any Manifest Audio Product and subject to your compliance with these Manifest Audio Terms and the general terms and conditions, you are granted a royalty free, non-exclusive license in the purchased loops, samples, sound effects, and/or patches, or any variations thereof, both singularly and as collections (collectively “Manifest Audio Product”) for commercial and non-commercial use exclusively in a derivative work created by you. Your receipt of such purchase shall act as your license in the Manifest Audio Product and should be saved by you as evidence of such.
The contents of all products available on this website are licensed, not sold to you by Manifest Audio GbR. Ownership remains with Manifest Audio GbR. Copying, duplicating, lending, or re-selling of this product and its contents in whole or in part is strictly prohibited. This non-exclusive license is granted for a single-user only on a global basis for the full copyright protection period. The license is non-transferable. You must not electronically transfer any digital files transmitted from manifest.audio or place them in a time-sharing or service bureau operation of a computer, network, peer-to-peer sharing system or similar technology. Neither the producers nor Manifest Audio GbR can be held responsible for any direct or indirect consequential loss arising from the use of our products in whatever form. All rights of the producer and the owner of the work are reserved. Unauthorized duplication of our products is a violation of applicable laws.
You are not the Copyright Holder. Your use of the Manifest Audio Product is permitted without first obtaining a separate license from the Copyright Holder provided that you modify the samples within a musical or visual context and do not present them isolated. Likewise, any Manifest Audio Product which is a rhythm loop sample must also be combined with other types of samples or sounds to effectively form a new composition or derivative work, in a manner that is clear and distinct from the isolated rhythm loop itself.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
This non-exclusive license is granted for a single user only, on a global basis, for the full copyright protection period (unless earlier terminated) and is not transferrable. Only the original purchaser of the Manifest Audio Product has the right to embody and utilize the Manifest Audio Product within their derivative work.
This license expressly forbids the copying, lending, duplicating, sublicensing, trading, resale, rental, loan, gift or transfer of any part of the Manifest Audio Product or a copy thereof, in any format or via any medium, to another person or company, except as a derivative work created by you.
You may not electronically transfer the Manifest Audio Product or place the Manifest Audio Product in a file-sharing or service bureau operation or a computer/sampler network.The purchased Manifest Audio Product may not be included, whether modified or as part of a derivative work, in any musical library or sample library product. Any unlicensed usage will be prosecuted to the maximum extent possible by law.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
CHARGES AND BILLING
Manifest Audio GbR payments are processed via Squarespace Inc., using Stripe and Paypal to process payments. Both Stripe and Paypal are PCI compliant. Manifest Audio GbR does not store your credit card or other payment information. These services currently accept American Express, Visa, Master Card, and PayPal. Manifest Audio GbR does not accept cash, money orders, or checks. Manifest Audio GbR reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s) (including any applicable taxes), at the rates in effect when the charges were incurred. You, not Manifest Audio GbR, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Manifest Audio GbR will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Manifest Audio GbR's management's sole discretion.
You agree to pay for all for-fee Products that you purchase through the Website. Manifest Audio GbR may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Manifest Audio GbR to charge your credit card for the above at Manifest Audio GbR's convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING Manifest Audio GbR WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Manifest Audio GbR may post charges individually or aggregate your charges with other purchases you make on the Website. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Manifest Audio GbR may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Manifest Audio GbR will not be liable to you or to any third party should it exercise such rights.
LIMITATION ON SALES
Manifest Audio GbR sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Manifest Audio GbR reserves the right to refuse access to the Website or Manifest Audio GbR API or sale of Products, to any end user. Manifest Audio GbR may terminate any offers for free or special promotions or pricing on merchandise at any time.
RIGHT TO CHANGE PRICES AND CONTENT AVAILABILITY
Prices and availability of Content offered through the Website are subject to change at any time. Manifest Audio GbR does not provide price protection or refunds in the event of a price drop or promotional offering.
All sales are final and all charges from those sales are nonrefundable. Manifest Audio GbR will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Manifest Audio GbR.
NO RESPONSIBILITY FOR TYPOGRAPHICAL ERRORS
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that Products may be accidentally mispriced. In such an event, Manifest Audio GbR reserves the right not to accept end user orders with prices based upon typographical errors.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of confirmation does not (1) constitute Manifest Audio GbR's offer to sell or (2) convey Manifest Audio GbR's acceptance of your order. Manifest Audio GbR reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Additionally, Manifest Audio GbR reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Manifest Audio GbR chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
Manifest Audio GbR accepts the following currencies: US Dollars, Euro, British Pound and Australian Dollar. The currency displayed and accepted for each individual purchase is solely based on your territory of sale and cannot be modified by the end user. All purchases made using US Dollars shall be processed by Manifest Audio GbR, LLC. All purchases made using currency other than US Dollars shall be processed by Manifest Audio GbR Europe B.V. Any issues occurring with your purchase should be directed to the Customer Support team identified on the Website, regardless of the currency used in the purchase.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
SALES OF DOWNLOADS
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Manifest Audio GbR charts and other marketing data, Manifest Audio GbR reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Manifest Audio GbR’s sole discretion, falsely inflate sales data.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Manifest Audio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Manifest Audio GbR and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claims, demand, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate, or your violation of any law or the rights of a third-party, by reference and/or misuse, deliberate or otherwise, of the Manifest Audio Product, and/or violation of the rights purchased pursuant to this Agreement.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Manifest Audio GbR may terminate your rights in a purchased Manifest Audio Product upon written notice to you if it believes you have breached any of the Manifest Audio Terms. Upon such termination you must return, destroy, remove, and cease all use of the identified purchased Manifest Audio Product. No refunds shall be granted for such terminations.
These Manifest Audio Terms express the entire understanding between you and Manifest Audio GbR in relation to the Manifest Audio Product and shall supersede all other oral or written communications relating to the Manifest Audio Product or its use.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Neue Bahnhofstr. 2, Berlin, BE, 10245, Germany.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at: firstname.lastname@example.org