Terms of service
OVERVIEW
The terms "NOIZE", "we", "us" and "our" refer to Noize Soundworks, S.L., a company incorporated in Spain with tax ID [B-XXXXXXXX] and registered office at Calle Príncipe de Asturias 27, 3ºA, 28221 Majadahonda, Madrid, Spain, trading as NOIZE. NOIZE operates this store and website, including all related information, content, features, tools, products and services (the "Services"). NOIZE is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with the policies referenced in them, describe your rights and responsibilities when you use the Services. Please read them carefully: they include important information about your legal rights, and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service, our Privacy Policy, our Refund Policy and our Sample License Agreement (EULA). If you do not agree, you should not use or access our Services.
SECTION 1 ACCESS AND ACCOUNT
By agreeing to these Terms of Service you confirm that you are at least of the age of majority in your country of residence, and that you consent to any minor dependant of yours using the Services on devices you own or manage, under your supervision.
To use the Services you may be asked to provide information such as your email address and billing and payment details. You represent that all information you provide is correct, current and complete, and that you have the right to provide it.
You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account or your download links to any other person.
SECTION 2 OUR PRODUCTS
Our products are digital: sample packs, loops, one-shots, MIDI files, synthesiser presets and related files, plus music production services (mixing, mastering and ghost producing).
Every product page states its contents, format and technical requirements (for example the version of Serum required by a preset pack). We make every effort to describe our products accurately, including through the audio demos and file listings published on each product page. Demos are rendered from the actual contents of the pack.
We reserve the right to change product descriptions, to discontinue any product, and to limit the quantity of any product offered to any person or region, at any time and at our discretion. Changes do not affect orders already accepted.
SECTION 3 ORDERS
When you place an order you are making an offer to purchase. NOIZE may accept or decline any order at its discretion. Your order is accepted when we confirm it and make the download available; we must receive your payment before an order is accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address or phone number provided at the time of the order.
Your use of the products purchased is governed by our Sample License Agreement (EULA), which permits commercial use of the music you create with them and prohibits the redistribution or resale of the files themselves. Refunds are governed by our Refund Policy.
SECTION 4 PRICES, TAXES AND BILLING
Prices, discounts and promotions may change without notice. The price charged is the price in effect when the order is placed and will be stated in your order confirmation email.
Prices displayed to consumers include the applicable VAT for the customer's country of residence, where such tax applies. Business customers may be able to supply a valid intra-community VAT number at checkout. No shipping, handling or customs charges apply, as all products are delivered digitally.
Promotions may be governed by their own terms; where those conflict with these Terms, the promotion terms prevail for that promotion.
You agree to provide accurate and up-to-date payment information, and you represent that you are authorised to use the payment method supplied.
SECTION 5 DELIVERY OF DIGITAL PRODUCTS
Products are delivered electronically, normally immediately after payment is confirmed, through a download link sent to the email address supplied at checkout and available in your customer account.
It is your responsibility to supply a valid email address and to download your files. If a link does not work or has expired, contact us at contact@noizesounds.com and we will reissue it.
By completing your purchase you expressly request immediate delivery of the digital content and acknowledge that, once delivery has begun, you lose the statutory right of withdrawal, as explained in our Refund Policy.
Services (mixing, mastering, ghost producing) are delivered within the timeframe stated on the relevant service page, counted from the moment we receive all the material required from you.
SECTION 6 INTELLECTUAL PROPERTY
The Services including all trade marks, brand names, text, images, artwork, audio, video, graphics and their design, selection and arrangement — are owned by NOIZE, its affiliates or its licensors, and are protected by Spanish, EU and international intellectual property law.
These Terms permit you to use the Services for your personal, non-commercial use only. Except as expressly permitted by the Sample License Agreement, you may not reproduce, distribute, modify, create derivative works of, publicly display, publish, download, store or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved.
The names, logos, product names and slogans of NOIZE are trade marks of NOIZE or of its licensors and may not be used without prior written permission. Shopify's name, logo and product names are trade marks of Shopify. All other marks appearing on the Services belong to their respective owners.
SECTION 7 OPTIONAL THIRD-PARTY TOOLS
The Services may give you access to tools provided by third parties which we neither monitor nor control. Those tools are provided "as is" and "as available", without warranties of any kind and without endorsement. Their use is entirely at your own risk, and you should review the terms of the relevant provider. We may add new features and tools to the Services, which will also be subject to these Terms.
SECTION 8 THIRD-PARTY LINKS
The Services may contain links to third-party websites and embedded third-party functionality. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any loss related to your access to them or to any purchase you make on them. Please review their policies before transacting with them.
SECTION 9 RELATIONSHIP WITH SHOPIFY
NOIZE is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with NOIZE. By using the Services you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and NOIZE, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with NOIZE.
SECTION 10 PRIVACY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's own privacy policy. By using the Services you acknowledge that you have read them.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to Shopify and to third parties that may be located in countries other than your own.
SECTION 11 FEEDBACK AND REVIEWS
If you submit ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium, including for commercial purposes such as marketing.
You represent that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentive received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it or to respond to it.
Your Feedback must not infringe the rights of any third party, must not be unlawful, defamatory, abusive or obscene, must not contain malicious code, and must not misrepresent its origin. We may, but are not obliged to, monitor, edit or remove Feedback that we consider objectionable or in breach of these Terms. You are solely responsible for the Feedback you submit.
SECTION 12 ERRORS, INACCURACIES AND OMISSIONS
Occasionally the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or availability. We reserve the right to correct any error and to change or update information, and — where the error is manifest and the price obviously incorrect — to cancel affected orders and refund any amount paid, at any time and without prior notice, including after you have submitted your order.
SECTION 13 PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use them, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach any applicable law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, defame or harm any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or spam; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts anyone's use of the Services or may expose NOIZE, Shopify or other users to liability.
You further agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell or resell any part of the Services; (c) collect or track the personal information of others; (d) phish, pharm or pretext the Services; (e) use robots, spiders, scraping or data-extraction tools, AI agents or any automated means to access the Services, except as permitted in Section 14; or (f) interfere with, bypass or circumvent security or authorisation features.
We may suspend, disable or terminate your account at any time if we determine that you have breached these Terms.
SECTION 14 AGENTS
14.1 This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity, and that can run on that person's device without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself and operates in strict accordance with clause 14.4 at all times. No Agent may access the Services if we have asked it to refrain from doing so.
14.3 We may limit, including by technical means, whether and how any Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) identify themselves as Agents in all HTTP/HTTPS requests, including "Agent/[agent name]" in the user agent string; (ii) not conceal or obfuscate the fact that access is automated, including by mimicking human interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish humans from computers; (iii) answer truthfully any prompt seeking to determine whether the interaction comes from a human; and (iv) not circumvent any measure intended to block, limit or control Agent access.
SECTION 15 TERMINATION
We may terminate this agreement or your access to the Services, in whole or in part, at any time and at our discretion, and you will remain liable for all amounts due up to the date of termination. Termination of access to the Services does not, by itself, terminate the licences granted over products you have already purchased, which are governed by the Sample License Agreement.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law and Privacy, together with any other provision that by its nature should survive.
SECTION 16 DISCLAIMER OF WARRANTIES
The information published on the Services is provided for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk.
Except as expressly stated by NOIZE, the Services and all products offered through them are provided "as is" and "as available", without representations, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that your use of the Services will be uninterrupted, timely, secure or error-free.
If you are a consumer, this section does not affect your statutory rights, including the legal guarantee of conformity applicable to digital content and digital services under Spanish and EU law.
SECTION 17 LIMITATION OF LIABILITY
To the fullest extent permitted by law, NOIZE, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, shall not be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profits, revenue, savings or data, arising from your use of the Services or of any product obtained through them. Our total aggregate liability in relation to any order is limited to the amount paid for that order.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot lawfully be excluded, including mandatory consumer rights.
SECTION 18 INDEMNIFICATION
You agree to indemnify and hold harmless NOIZE, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, payable to a third party arising from (1) your breach of these Terms or of the documents incorporated by reference, (2) your breach of any law or of the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim; a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, but will not settle a claim imposing non-monetary obligations on you without your consent, which shall not be unreasonably withheld. This clause does not apply where you act as a consumer.
SECTION 19 SEVERABILITY
If any provision of these Terms is held unlawful, void or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the unenforceable part shall be severed without affecting the validity of the remaining provisions.
SECTION 20 WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of it.
These Terms, together with the policies published on this website, constitute the entire agreement between you and us regarding the Services and supersede any prior agreement or communication, including previous versions of these Terms. Ambiguities shall not be construed against the drafting party.
SECTION 21 ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent; any attempt to do so is void. We may transfer or assign these Terms and our rights and obligations, provided that this does not reduce the guarantees available to you.
SECTION 22 GOVERNING LAW AND JURISDICTION
These Terms are governed by Spanish law. Any dispute shall be submitted to the Courts and Tribunals of Madrid (Spain).
If you are a consumer, this clause does not deprive you of the protection of the mandatory rules of the country in which you are habitually resident, nor of your right to bring proceedings before the courts of that country, in accordance with Regulation (EU) 593/2008 and Regulation (EU) 1215/2012.
SECTION 23 HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of them by publishing the updated version on this website. We will notify material changes as required by law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after publication constitutes acceptance of the changes. Changes do not apply retroactively to orders already placed.
SECTION 25 CONTACT INFORMATION
Noize Soundworks, S.L. Calle Príncipe de Asturias 27, 3ºA, 28221 Majadahonda, Madrid, Spain contact@noizesounds.com +34 696 95 29 88 Tax ID (NIF/CIF): [B-XXXXXXXX] Registro Mercantil de Madrid, Volume [XXXX], Folio [XXX], Sheet M-[XXXXXX]
