Part A: Terms of sale
A1. Scope
These terms apply to all purchases in the Rock The Speakerbox shop between you and , ("we", "us"). Contact: .
A2. Products
We sell digital sound effects – libraries, source collections and bundles such as The Vault – as downloads, and plans that give access to downloads for their term. What a product contains is described on its page. All products are digital content; nothing is shipped.
A3. Contract
The product pages are not binding offers. By clicking "Continue to payment" and completing the payment you make a binding offer to buy the products in your cart. The contract is concluded when we confirm your order by email or make the downloads available in your account, whichever comes first. The contract language is English. We store the contract details; you find your orders and invoices in your account at any time.
A4. Prices, business customers and taxes
All prices are in US dollars and are final prices. Our shop is aimed at business customers: we assume that you buy for your business (business to business). We therefore do not charge VAT, GST or sales tax; any tax due in your country is accounted for by you as the customer. If you buy for a company, you can enter its name and its VAT ID or tax ID at checkout; both are shown on your invoice.
A5. Payment
You pay with the payment methods offered at checkout, processed by PayPal. Your order is fulfilled as soon as PayPal confirms the payment; for delayed methods (for example a bank transfer funded through PayPal), once the money has arrived.
A6. Delivery
Your downloads are available in your account immediately after the payment is confirmed. You also receive an email with a link to your account. Please keep a backup copy of the files.
A7. License
You may use the sounds under the terms of our License (EULA), which is part of every purchase.
A8. No right of withdrawal
Our shop sells exclusively to businesses (section A4). Business customers have no statutory right of withdrawal, so purchases in our shop cannot be withdrawn. If a download does not work or a file is faulty, contact us and we will sort it out.
A9. Upgrade prices
Signed-in customers who already own releases included in a bundle may get the bundle at an upgrade price; what is credited is shown at checkout. If a purchase that was credited is refunded or reversed, we may withdraw the upgrade or charge the difference.
A10. Plans
Plans are billed in advance for the chosen period (monthly or yearly) and renew automatically until you cancel. You can cancel at any time in your account; the plan then ends at the end of the paid period. While a plan is active, you can download the products it includes; sounds downloaded during a plan are licensed as described in the License.
A11. Warranty and liability
The statutory warranty rights apply. We are liable without limitation for damage caused intentionally or by gross negligence and for injury to life, body or health. Otherwise we are liable only for the breach of essential contractual obligations, limited to the damage typical for this kind of contract and foreseeable when it was concluded. Mandatory statutory liability remains unaffected.
A12. Your account
Keep your password secret. We may block an account in case of misuse, in particular license violations or reversed payments.
A13. Applicable law
The law of the State of California applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence.
Part B: Use of the website
Welcome to Rock the Speakerbox, a website operated by Smartsound LLC, PO Box 2478 Winnetka, CA 91396,USA.
By accessing and using this website, you agree to comply with and be bound by the following terms and conditions. Please read these Terms of Use carefully before using our website.
B1. Acceptance of Terms
By accessing and using the Rock the Speakerbox website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as any other applicable laws and regulations. If you do not agree with these terms, please refrain from using our website.
B2. Use of the Website
You are granted a limited, non-exclusive, and revocable license to access and use the Rock the Speakerbox website for your own use, including use for your business.
You agree not to:
Use the website for any illegal or unauthorized purpose.
Interfere with the operation of the website or any other user’s enjoyment of the website.
Attempt to gain unauthorized access to any part of the website, or any systems or networks connected to the website.
Use the website in a way that could damage, disable, overburden, or impair the website or interfere with any other party’s use of the website.
B3. Intellectual Property
All content on the Rock the Speakerbox website, including text, graphics, logos, images, audio clips, and software, is the property of Smartsound LLC or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on the website without the express written permission of Smartsound LLC.
B4. User-Generated Content
If you post or submit any content to the website, including comments, reviews, or other materials, you grant Smartsound LLC a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all the rights to the content you submit and that the content is accurate, does not violate these Terms of Use, and will not cause injury to any person or entity.
B5. Privacy Policy
Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.
B6. Disclaimer of Warranties
The Rock the Speakerbox website is provided on an "as is" and "as available" basis. Smartsound LLC makes no representations or warranties of any kind, express or implied, regarding the operation of the website or the information, content, materials, or products included on the website. To the fullest extent permissible by applicable law, Smartsound LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
B7. Limitation of Liability
This section does not limit our liability towards consumers under mandatory law and does not apply to purchases in the shop – for those, section A11 applies.
Smartsound LLC, its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any damages of any kind arising from or in connection with the use of the Rock the Speakerbox website or from any information, content, materials, products, or services included on or otherwise made available to you through the website. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages, loss of data, loss of income or profit, loss of or damage to property, and claims of third parties.
B8. Indemnification
You agree to indemnify, defend, and hold harmless Smartsound LLC and its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use of the website (including negligent or wrongful conduct) by you or any other person accessing the website using your internet account.
B9. Governing Law
These Terms of Use and your use of the Rock the Speakerbox website shall be governed by and construed in accordance with the laws of the State California, without regard to its conflict of laws principles. You agree that any legal action or proceeding between you and Smartsound LLC for any purpose concerning these Terms of Use or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California. If you are a consumer, you may also bring proceedings in the courts of your country of residence, and the mandatory consumer protection rules of that country remain unaffected.
B10. Changes to the Terms of Use
Smartsound LLC reserves the right to modify these Terms of Use at any time, at its sole discretion. Any changes will be effective immediately upon posting on the website. Your continued use of the website following the posting of any changes constitutes your acceptance of the revised Terms of Use.
B11. Termination
Smartsound LLC may terminate your access to the Rock the Speakerbox website at any time, without notice, for conduct that Smartsound LLC believes violates these Terms of Use or is harmful to other users of the website, Smartsound LLC, or third parties, or for any other reason.
B12. Contact Information
If you have any questions about these Terms of Use, please contact us at:
Rock the Speakerbox Smartsound LLC Email: info@rockthespeakerbox.com