These Terms of Service ("Terms") govern your use of the website ObscuraSound.com (the "Site"), which is owned and operated by Obscura Sound ("we," "our," or "us"). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
We reserve the right to modify or update these Terms at any time. When changes are made, the "Last Updated" date at the top of this page will be updated, and it is your responsibility to review these Terms regularly.
1. Use of the Site
You agree to use the Site only for lawful purposes and in accordance with these Terms. You must not use the Site:
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In any way that violates any applicable local, state, national, or international law or regulation.
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To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
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To impersonate or attempt to impersonate Obscura Sound, an employee, another user, or any other person or entity.
2. Intellectual Property
All demo audio content on the Site is the property of Obscura Sound or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works of any content on the Site without our express permission.
3. User-Generated Content
If you submit any content to the Site (e.g., through the "Contact Us" form or other submission areas), you grant us a worldwide, royalty-free, transferable, sub-licensable license to use, display, and distribute such content for the purposes of communication and providing services. You represent and warrant that the content you submit does not infringe any third-party rights, including intellectual property rights.
4. Contact Form and Communication
When you use our "Contact Us" form, you agree to provide accurate, current, and complete information. Any personal data you provide will be used solely for responding to your inquiries or communicating with you about services. By submitting your information, you consent to receiving responses from us. We will not use your personal data for marketing purposes unless explicitly stated.
5. Disclaimer of Warranties
The content and services on the Site are provided "as is" and "as available." We do not guarantee that the Site will be free from errors, defects, interruptions, or viruses, nor do we warrant the accuracy or completeness of any information provided on the Site. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Limitation of Liability
To the fullest extent permitted by law, Obscura Sound will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages.
7. Third-Party Links
The Site may contain links to third-party websites. These links are provided for your convenience and do not signify endorsement by Obscura Sound. We are not responsible for the content or practices of third-party websites, and we encourage you to review their privacy policies and terms of service.
8. Indemnification
You agree to indemnify, defend, and hold harmless Obscura Sound and its affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, or expenses arising out of or related to your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights.
9. Termination
We reserve the right to suspend or terminate your access to the Site at our sole discretion, without notice, for any reason, including if you violate these Terms.
10. Governing Law
These Terms will be governed by and construed in accordance with the laws of South Australia, without regard to its conflict of law principles.
11. Changes to These Terms
We may update these Terms from time to time. When changes are made, the "Last Updated" date at the top of this page will be updated. We encourage you to review these Terms periodically to stay informed about any changes. Your continued use of the Site after any changes to these Terms constitutes your acceptance of the updated Terms.