Terms Of Use
Welcome to arnaudkrakowka.com (the “Site”), owned and operated by AKMMC. (Company Number: 56991908) (“we,” “us”). The following terms and conditions (“Terms and Conditions”) govern your use of the Site, whether as a browser, or a registered user. Please read these Terms and Conditions carefully before you start to use the Site. By using the Site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using the Site.
1. GENERAL USE OF THE SITE
Eligibility and Approval
1.1 You may browse the Site without registering but in doing so you accept and agree that certain areas of the Site will not be available to you unless you register with the Site. You will be asked if you wish to register each time you try to access any part of the Site that requires registration. To register and/or to subscribe to the Site you will be asked to provide certain information about yourself; this is more particularly set out below.
1.2 We, in our sole discretion, will have the right to refuse to allow you to register or subscribe to the Site. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or subscription of the Site.
1.3 When you register with the Site you will create an account (“My Account”). This account is unique to you, and we will only accept one account per registrant.
1.4 You may register to the Site if you are aged under 18 years of age however we will not sell Drum Tracks (as defined below) or any other products, services or merchandise available on the Site to anyone under the age of 18. By making any purchase, you represent and warrant either that (i) you are at least 18 years of age; or (ii) that any purchase made on your behalf is done so with the express consent of a parent or guardian. If you are a parent or guardian of someone under the age of 18 who is purchasing Drum Tracks on the Site, you agree to these Terms and Conditions and our privacy policy and that you shall be responsible for the conduct and acts and/or omissions of your children in using the Site as if these were your own.
General Representations and Warranties
1.5 You hereby represent and warrant: (i) you have the full power and authority to enter into and perform under these Terms and Conditions, (ii) your use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms and Conditions.
Minimum specifications for use of the Site
1.6 We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Site or any content and/or pages contained on the Site or available through the Site, or for any damage caused to your computer and/or associated systems, resulting from the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Site.
1.7 You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the Site including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer’s functionality or operation.
2. REGISTRATION
Obligations
2.1 If you wish to register with the Site, you must enter the My Account page on the Site on the top right hand corner and register using our online registration process. In doing so, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process and (ii) maintain and promptly update that information to keep it true, accurate, current and complete.
Registrant email addresses, passwords and security
2.2 Upon registering you will be required to provide us with your name, a valid email address and a password. You will be asked to provide this email address and password once for each time you subsequently visit areas on the Site requiring registration. In addition, but in accordance with these Terms and Conditions and our privacy policy, we shall use this email address to contact you with information about the Site, your registration and/or your purchases.
2.3 You will also receive an account upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of your email address, password and your account and are fully responsible for all activities that occur under your email address, password or account. You agree to: (i) immediately notify us of any unauthorized use of your email address, password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
IP Address Ownership
2.4 We shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.
3. CONDUCT AND USE OF THE SITE
3.1 You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
3.2 You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
3.3 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
3.4 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
4. DRUM TRACKS
4.1 We shall provide a catalogue of Drum Tracks (as well as other digital products and production services) on the Site for registered users to purchase in a downloadable compressed zip file. Once the Drum Tracks(s) zip file has been uncompressed it shall be comprised of the following format types:-
4.1.1 Drum Tracks are provided as 8 WAV 24 bits files (kick, snare top, snare bottom, toms, hats, overheads, room compression)
4.1.2 Each product comes with an Instructions PDF file to help you import the tracks in your recording software
4.1.3 The Premium, Commercial and Exclusive licenses also come with the MIDI Track and the Drum Tab for each track.
4.2 The cost to purchase and download each Drum Track will be clearly marked on each product page.
5. LICENSING
Each Drum Track comes with 4 license options: Non commercial, Premium, Commercial or Exclusive. The license is included in the Instructions.pdf file as part of the files you get with each purchase and grants you certain rights of use as follows:
Non Commercial: The Non-commercial license allows you to use the drum tracks you’ve purchased for recording and showcasing purposes only. All commercial uses are strictly prohibited.
Premium: The Premium license includes the same right of use as mentioned above in the non-commercial license as well as including the MIDI track and Drum Tab along with your drum tracks. All commercial uses are strictly prohibited.
Commercial: The Commercial license allows you to use the drum tracks you’ve purchased commercially.
This includes licensing, selling and distributing of your songs and albums produced with the drum tracks you bought.
Exclusive: The Exclusive license is your own tailor-made drum tracks. This allows you to use the drum tracks you’ve purchased commercially as described in the commercial licence but grants you unique ownership as the drum tracks bought will also be automatically removed from Arnaud’s store afterwards.
Please note that selling and distributing any drum tracks as a stand-alone is strictly prohibited for all licenses.
6. PAYMENT
6.1 All payments under this Agreement must be made by Paypal transfer, by credit card or the accepted cryptocurrencies.
6.2 When you place an order to purchase a Drum Track, you will be prompted to choose a payment method to checkout securely either with credit card, Paypal or cryptocurrencies. For the latter two, you will be directed to the PayPal website or cryptocurrency checkout app in order for your payment to be processed. Once your payment has been completed you shall automatically be returned to the Site where you shall receive a copy of your payment invoice and the link to download your selected Drum Track(s). All of your purchase receipts shall be stored at your my Account page on the Site as proof of purchase. You can also download your purchases at any time again in the my Account page as well. Your order represents an offer to purchase a Drum Track which shall be accepted and confirmed by us when you have made payment in full and you are directed back to the Site, at which time delivery of the Drum Track(s) shall commence. You have the right to withdraw from your purchase without charge until delivery of the Drum Track(s) has started. You do not have the right to withdraw from a purchase once delivery of the Drum Track(s) has started at which point your purchase is final and no refund will be granted. We shall deliver the Drum Track(s) for you to download as soon as we receive cleared funds from the payment provider.
6.3 Once you have completed your purchase of a Drum Track you shall be able to access the compressed zip file of that Drum Track on your My Account page of the Site
6.4 When you purchase a production service and after payment completion using the same payment providers mentioned above for the Drum Tracks, your request will immediately be imported into Arnaud’s workflow and he will get in touch with you as soon as possible to inform you about delivery times. If you have any audio material to send him, you can do so via info@arnaudkrakowka.com
7. COPYRIGHT AND COPYRIGHT PROTECTION
7.1 This Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site (including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Site) is owned by and/or vest in us and is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world,. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Site. Notwithstanding the above, you may use the content and materials on the Site in the course of your normal, personal, non-commercial use of the Site.
7.2 Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavors to obtain the consent of the copyright owners of all content and material contained within or available on the Site for such content to be placed upon the Site and made available to Site users. If you believe that your work or the work of a third party has been used on the Site in such a way that constitutes copyright infringement, please contact us at info@arnaudkrakowka.com with the following information:
(i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
(ii) A description of the copyrighted protected content that you believe has been infringed upon;
(iii) A full description of where on the Site this content can be found (including the relevant URL);
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
(vi) A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
8. TRADE MARKS
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of ours and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the written permission of such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
9. MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right, without prejudice to any other rights and remedies available to us under these Terms and Conditions or generally at law, to suspend or terminate your registration or subscription and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms and Conditions. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 THE SITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SITE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS’, ‘AS AVAILABLE’, WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
10.2 We shall not be responsible for any connection or access to the Site by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Site via the Internet, and the Internet access charges thereon.
10.3 We warrant that we are the sole and exclusive owner of the copyrights of each product listed on arnaudkrakowka.com and that we have the right to licence such rights to you pursuant to these Terms and Conditions. Customers that purchase a Drum Track with exclusive license from us become the exclusive owner from the date of purchase.
10.4 We do not warrant or represent that:
(i) the Site will meet your requirements;
(ii) access to the Site will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Site will be accurate or reliable;
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and/or
(v) any errors in any data or software will be corrected.
10.5 YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY PART OF SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Links and Third-Party Services
10.6 We are not responsible for any third-party links, services, resources or information provided on or made available through the Site. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.
11. GENERAL LEGAL PROVISIONS
11.1 It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
11.2 We may amend these Terms and Conditions from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms and Conditions have been changed on our homepage arnaudkrakowka.com. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.
11.3 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
11.4 These Terms and Conditions apply when you first access the Site, whether as a browser, a registrant or a subscriber. These Terms and Conditions shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this website fully.
11.5 Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11.6 We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
11.7 If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
11.8 These Terms are subject to the laws of The Netherlands, whose courts shall be the courts of exclusive jurisdiction.