This Terms and Conditions agreement ("Agreement") between you ("you" or "your") and Imphenzia Soundtrack ("Imphenzia Soundtrack") sets forth the terms and conditions of use of the goods and services set forth herein (collectively "Service(s)"). You accept that the Agreement may change from time to time effective immediately upon posting on the web site with the URL http://soundtrack.imphenzia.com.
Non-Exclusive Audio License
Upon purchasing Non-Exclusive Audio Licene(s) for music and/or sound effects ("audio file(s)") you become a Non-Exclusive Rights Holder bound to the following terms:
You are granted non-exclusive, royalty free, rights to the use of the audio file(s) in games and applications ("Product")
You are granted the use of the audio file(s) for promotional purposes of the Product (e.g. video trailers)
You are NOT permitted resell or distribute the audio file(s) separately
The license is not transferable
If possible, please protect the audio file(s) in a Product (e.g. embed the audio in a library file or archive)
Please credit Imphenzia Soundtrack for the audio file(s) used in a Product, it would be much appreciated
Imphenzia Soundtrack is the copyright holder and property owner of the audio file(s) and may continue to lease and sell the audio file(s) to other parties.
Exclusive Audio License
Upon purchasing Exclusive Audio Licene(s) for music and/or sound effects ("audio file(s)") you become an Exclusive Rights Holder bound to the following terms:
You are granted the exclusive, royalty free, right to the use of the audio file(s) in one game or equivalent product/application ("Product") per exclusive license purchased for the audio file(s)
You are granted the use of the audio file(s) for promotional purposes of the Product (e.g. video trailers)
You are obligated to credit Imphenzia Soundtrack for the audio file(s) used in a Product
You are NOT permitted to resell or distribute the audio file(s) separately
The license is not transferable
Imphenzia Soundtrack is the copyright holder and property owner of the audio file(s) and may not lease the audio file(s) or sell license(s) for the audio file(s). Imphenzia Sountrack may still i) make the audio file(s) available to the public for promotional purposes, and ii) include the audio file(s) on compilation albums and/or make the audio file(s) available for streaming under the premise that the audio file(s) references the Product for which it is exclusively licensed to. For example, if your game is named "Alien Adventure" and your company is named "Indie4ge" an audio file released on a compilation album or streaming service is named "Alien Adventure by Indie4ge - Theme" or "Alien Adventure by Indie4ge - Level 3"
Property Rights
The audio file(s) accessible to you through the Service(s) are property of Imphenzia Soundtrack and copyrighted by Imphenzia Soundtrack.
Limitation of Liability
You agree and acknowledge that your use of the Service(s) is entirely at your own risk. You agree that Imphenzia Soundtrack will not be liable, under any circumstances, for any (a) termination, suspension, loss, or modification of your Service(s), (b) use or inability to use the Service(s), (c) access interruptions or access delays to soundtrack.imphenzia.com or Service(s). Imphenzia Soundtrack, (d) loss incurred in connection with your Service(s), or (e) unauthorized access to or alteration of your transmissions or data. Imphenzia will also not be liable for any indirect, special, incidental, or consequential, damages of any kind regardless of the form of action. In no event shall Imphenzia Soundtrack's maximum aggregate liability exceed the total amount paid by you for the Service(s).
Indemnification
You agree to defend, indemnify, and hold harmless Imphenzia Soundtrack, directors, and employees for any loss, liabilities, damages, costs or expenses arising out of or related to your use of or connection to soundtrack.imphenzia.com and the Service(s).
Disclaimer and Warranties
The Services are provided to you on an "as is," as available basis. Imphenzia makes no representations, warranties or guarantees of any kind whatsoever, express or implied, in connection with this Agreement. Imphenzia Soundtrack further disclaims any representation or warranty: (i) that the Service(s) will meet your specific requirements, (ii) that the Service(s) will be uninterrupted, timely, secure, or error-free, (iii) regarding any Service(s) purchased or obtained through the Service(s), or (iv) that any errors in the Service(s) will be corrected. Any material downloaded or otherwise obtained through the Service(s) is done at your own discretion and risk and you will be solely responsible for any damage to you, third parties, computer systems, audio equipment, or loss of data that results from the download or use of such material.
Updated 4 August 2011.
Imphenzia Soundtrack is committed to protecting your privacy when you use the web site soundtrack.imphenzia.com ("Web Site") and services ("Services") offered on the Web Site. This policy explains how and why information is collected, what it is used for, and what controls you have over of how it is used.
From time to time, functions, content, and products are added, removed, and changed. This may result in periodic changes to this Privacy Policy. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.
Any questions regarding the Privacy Policy should be directed to soundtrack@imphenzia.com.
Your acceptance of these Privacy Statement terms
By using the Web Site, you unconditionally agree to be bound by this Privacy Policy.
What data do we collect and how do we use it?
Web Site collects and processes information about you in order to:
(i) identify visitors that have authorized access to features not available to anonymous visitors;
(ii) process orders submitted by you;
(iii) improve Services and Web Site;
(iv) customise your experience, for example, display properties and downloadable content; and
(v) send you information if you have signed up for e-mail notifications of new releases.
You may be asked, either when you purchase an item on the Web Site, or at other times, for information about yourself, such as your name, e-mail address, and postal address. Web Site uses known payment services such as PayPal.com, in turn Web Site will never store or have access to your credit/payment card details. You are under no obligation to provide this information, but if you don't then certain services will not be available.
Log files/IP addresses
When you visit the Web Site, the Web Hotel (binero.se) automatically log your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by the web server. The Web Hotel uses IP addresses to help administer the Web Site and to collect broad demographic information for aggregate use.
Non personal information
Non-personal information about such as the type of internet browsers you use or the site from which you linked to our Web Site is automatically collected. You cannot be identified from this information and it is only used to improve the Web Site.
Use of Cookies
Cookies are pieces of information that a Web Site transfers to your hard drive to store and sometimes track information about you. Most web browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that. However, you may not be able to take full advantage of a Web Site if you do so. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the web. Although they do identify a user's computer, cookies do not personally identify customers or passwords. Credit card information is not stored in cookies.
Web Site use cookies for the following reasons:
(i) To identify who you are and to provide authorized access to Services not available to anonymous visitors;and
(ii) To track preferences and to improve and update our Web Site;
With whom is the information shared?
Imphenzia Soundtrack will not share, sell or rent your personal information to third parties.
Imphenzia Soundtrack may disclose aggregate statistics about our sales and Web Site visitors in order to describe the services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will not include personally identifying information.
Imphenzia Soundtrack may disclose personal information if required to do so by law or if it believes that such action is necessary to protect and defend the rights, property or personal safety of Imphenzia Soundtrack, visitors to the Web Site and customers of Services.
Web Site contains links to the sites of third parties. When you visit these sites, it is suggested that you read their privacy policies. Imphenzia Soundtrack is not responsible for the privacy policies or the content of such sites.
Security
Imphenzia Soundtrack places a great importance on the security of all information associated with visitors. Security measures are in place to attempt to protect against the loss, misuse and alteration of data. For example, the security and privacy policies are periodically reviewed and enhanced as necessary. With regard to payment processing, the payment networks used (PayPal.com) use secure server software (SSL) to encrypt financial information you. While it cannot be guaranteed that loss, misuse or alteration of data will not occur, best efforts are used to prevent this.
Where is the information stored?
Non-fincancial information which you submit via our Web Site on a server located in the European Economic Area. Financial information is only stored and processed at the payment network servers, PayPal.com.
License fees are based on the license level. There are two license levels referred to as "Indie" and "Commercial". Indie-licenses are cheaper but may only be used if your company annual revenue is less than USD 250000.
The purpose of this model is to enable independent game developers to use high quality music at a low price yet also allowing larger game companies to obtain music at a price which is more rewarding to the author.
