Terms and Conditions
of using distance services offered by Soundimage.
§ 1. Definitions
Music Tracks - digitally recorded music and sound
Sound Files - Music Tracks saved as audio files in MP3 or WAV
Demo Versions - Music Tracks that are available free of charge
as low-quality audio files, in order to be played back on a Soundimage
website and to present offer of Soundimage, available for download and
not to be copied for other parties, and that are not intended to be used
for recording, copying in any way, processing or converting together with
any other works.
Music Library - Website located at www.soundimage.eu presenting
the offer of Soundimage.
Soundimage - The Soundimage Company, represented by Wojciech Panufnik,
with its registered seat in Warsaw, 03-140, ul. Odkryta number 55 d, apt.
# 24, using REGON (the National Official Register of Business entities)
number: 140821990, incorporated in the Register of Business Activities
run by the Warsaw City Hall, number 441331, the owner of www.soundimage.eu.
User - any entity using the Music Library.
Licensee - any entity entering into Royaltyfree Licence Agreement
Royaltyfree License Agreement - an agreement which is available
at the home page of the Music Library, entered into by the Licensee and
Soundimage upon the Licensee paying the License Fee resulting in purchasing
non-exclusive license for the Music Tracks.
License Fee - one time, non-returnable free, paid by the Licensee
prior to entering into the Royaltyfree License Agreement.
Registration form - an online form available at the Music Library
web pages, through which a User sends any necessary information for the
performance of services offered by Soundimage.
§ 2. General Provisions
1. By using the Music Library and other services performed by Soundimage,
the user accepts the following Terms and Conditions.
§3. Subject and scope of services
1. Soundimage offers the Users and Licensees the following services:
a. the availability to play back low quality Demo Versions of the Music
Tracks that are located in the Music Library, with no right to use them
elsewhere or in any other manner (hereinafter referred to as "the
Service of Access to the Demo Versions").
b. after paying the License Free, the availability to purchase non-exclusive
license for certain compositions mentioned in a. in full, high quality
version and a quality not lower than mp3 256kbps, stereo (hereinafter
referred to as "Full Version Access Service").
c. the option to purchase a License online. This License applies to compositions
mentioned in b. (hereinafter referred to as "Online Payment Service").
2. Using the Full Version Access Service requires the User to:
a. register with the Soundimage using the Registration Form
b. listen to the Demo Versions of the Music Tracks a non-exclusive license
to which the User desires to purchase
c. get acquainted with the Royaltee License Agreement and accept its provisions
d. pay the License Fee in advance
§ 4. Technical requirements
1. Soundimage guarantees the improvements in the Music Library, provided
that the User is using software that complies with the following specifications:
a. Microsoft Internet Explorer (not lower than 6.0) or Mozilla Firefox
(not lower than 2.0).
b. Adobe Flash Player (not lower than 7.0) installed with a browser mentioned
§5. Liabilities and obligations of Soundimage
1. Once the License Fee is paid for by the Licensee, and the registration
of this is successfully acknowledged by the online payments system, Soundimage
undertakes the liability to forward a notification to the Licensee to
Licensee's email address indicated in the Registration Form with an email
address to which the Sound Files shall be sent in order to be downloaded
by the Licensee based on the non-exclusive license and the Royaltyfree
2. Soundimage undertakes the obligation to protect its servers from any
unauthorized access in order to protect the User's data and personal details,
as well as to maintain the highest quality of the www.soundimage.eu website,
including the quality of the Sound Files.
3. Soundimage hereby states that the data and information mentioned in
section 3 shall be used in compliance with the Personal Data Protection
Act, the Online Services Act and the Rules of Safety and Privacy Protection
Policy available at http://www.soundimage.eu/privacy.php
§ 6. User's liabilities and obligations
1. The User states that all details and information given in the Registration
Form are true and accurate.
2. The User is obliged to provide Soundimage with details necessary to
allow Soundimage perform its services properly, as well for invoicing
purposes. The User is obliged to provide all the necessary information
required by the provisions of Online Services Act.
3. The user is solely responsible for the results of providing inaccurate
or untrue information.
4. Services provided by Soundimage are provided solely for the use of
the User. In conjunction with the above, the User is not authorized to
provide Soundimage's services to third parties without a prior written
permission from Soundimage.
§ 7. Payments
1. Payments for services ordered at www.soundimage.eu are operated by
a. DialCom24 s.c., responsible for www.przelewy24.pl
b. PayPal (Europe) S.a r.l. & Cie, S.C.A. ("PayPal Europe")
responsible for www.paypal.pl
with which Soundimage cooperates in the field of online payments.
2. Payment processing is handled via redirecting a User or a Licensee
to a online payments company's website.
3. The User makes all payments for Services provided by Soundimage according
to the Royaltee License Agreement and the provisions of herein. .
4. The license fee is non-returnable.
§ 8. Complaints and technical support
1. All comments and remarks in respect to the Music Library and the services
as such shall be reported via the contact form available at Music Library
2. Complaints shall be reported via the contact form available at www.soundimage.eu.
Soundimage commits itself to resolve all complaints immediately, not later
than within 21 days.
3. Complaints shall be made in writing and sent via mail to Soundimage's
§ 9. Reservations- disclaimer of liability
1. Soundimage shall not be held responsible for any losses suffered by
the User as a result of loss of data or delays in receiving or sending
data caused by factors beyond the control of Soundimage.
2. Under no circumstances shall Soundimage be held responsible for any
losses suffered directly or indirectly by the User that are result of
using, or impossibility to use services provided by Soundimage, including
the loss of profits, breaks and interruptions on company's operations,
loss of commercial information or any other financial losses, even if
Soundimage was informed of a possibility of such losses and/or damages.
This reservation does not apply to losses and/or damages inflicted on
3. Soundimage shall not be held responsible for failing to process an
order or any unsatisfactory performance of services and any causes inflicted
by the www.soundimage.eu website or the module that occurred as a result
of force majeure, faulty equipment of the User and defective Internet
connections, as well as those inflicted by the User's actions or nonfeasance
or the a actions or nonfeasance of a third party.
§ 10. Final provisions
1. Soundimage reserves the right to introduce limitations to its services
should it be necessary due to maintenance, software updates for the Soundimage
website or database updates.
2. To all matters not settled herein or by the RoyaltyFree License Agreement,
the provisions of the Civil Code, the Online Services Act, the the Copyright
Law and Neighbouring Laws Act, International Agreements signed Poland
and other common law provisions that may apply shall be used.
3. The following terms and conditions shall be effective as of June 1,
2008 and valid until revoked, or until the new version is introduced by
Soundimage and published herein.
Previous versions of the terms and conditions: