Terms & Conditions
Please read the following important terms and conditions before you buy any digital content from SoundGhost and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
If you are an individual acting for purposes that are wholly or mainly outside that of your trade, business, craft or profession, you will be considered a consumer. The information in this summary box summarises some of your key rights if you are a consumer. It is not intended to replace the contract below, which you should read carefully. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change their mind and get a full refund on digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a repair or a replacement. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back. If you can show the fault has damaged your device and SoundGhost hasn’t used reasonable care and skill, you may be entitled to a repair or compensation. This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 0808 223 1133. |
Important information on downloading costs and ‘bill shock’:
When you buy digital content it will become available to you for download onto your computer or device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit and you could face paying more than you were expecting. |
This contract sets out:
- your legal rights and responsibilities;
- the legal rights and responsibilities of SoundGhost; and
- certain key information required by law.
In this contract:
- ‘SoundGhost’ means the trading name of Joshua Buck;
- ‘you’ or ‘your’ means the person buying digital content from SoundGhost; and
- ‘digital content’ means any digital content available for sale on the SoundGhost website, including (but not limited to) audio samples, sound recordings, software, synthesizer presets, software plugins, digital art and e-books.
If you have any questions about this contract or any purchases you have made, please contact SoundGhost by sending an email to hello@soundghost.net.
Who is SoundGhost?
SoundGhost is the trading name of Joshua Buck. His contact address is: C/O Whitesides, Lister House, Lister Hill, Horsforth, LS18 5AZ. His email address is: hello@soundghost.net The details of this contract will not be filed by SoundGhost. Please print out or save a copy of this contract for your records as SoundGhost will not save a copy for you. |
- Introduction
- If you buy digital content from SoundGhost you agree to be legally bound by this contract.
- This contract is only available in English. No other languages will apply to this contract.
- When buying any digital content on the SoundGhost website you also agree to be legally bound by:
- SoundGhost’s Privacy Policy. This can be found here; and
- extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. SoundGhost will contact you to let you know if SoundGhost intends to do this by giving you 1 months’ notice.
All of the above documents form part of this contract as though set out in full here.
- Your privacy and personal information
- SoundGhost’s Privacy Policy is available here.
- Your privacy and personal information are important to SoundGhost. Any personal information that you provide to SoundGhost will be dealt with in line with the Privacy Policy, which explains what personal information SoundGhost collects from you, how and why SoundGhost collects, stores, uses and shares such information, your rights in relation to your personal information and how to contact SoundGhost and supervisory authorities if you have a query or complaint about the use of your personal information.
- Ordering digital content from SoundGhost
- Below, SoundGhost sets out how a legally binding contract between you and SoundGhost is made.
- You can add digital content from the SoundGhost website to your basket by clicking the ‘Add To Basket’ button.
- You place an order on the SoundGhost website by navigating to the checkout page and clicking ‘Place Order’, followed by ‘Pay £[value of your order]’ on the payment page. Please read and check your order carefully before submitting it. You will be able to correct any errors before clicking ‘Pay £[value of your order]’ on the payment page, which submits your order to SoundGhost.
- Before placing your order, you must ensure that your computer or device meets the necessary hardware and software requirements to download the digital content. Please review the key technical information provided on the relevant digital content’s webpage on the SoundGhost website to verify these requirements.
- When you place your order at the end of the online purchase process (eg when you click on the ‘Pay £[value of your order]’ button), SoundGhost may contact you to say that SoundGhost does not accept your order. This is typically for the following reasons:
- the digital content is unavailable;
- SoundGhost cannot authorise your payment;
- you are not allowed to buy the digital content from SoundGhost;
- SoundGhost is not allowed to sell the digital content to you; or
- there has been a mistake on the pricing or description of the digital content.
- SoundGhost will only accept your order when SoundGhost emails you to confirm this (Confirmation Email). At this point:
- a legally binding contract will be in place between you and SoundGhost; and
- the digital content will become available for download from the Confirmation Email and your SoundGhost account.
- If you are under the age of 18 you may not buy any digital content from the site.
- Right to cancel
- You have the right to cancel this contract within 14 days of purchase (the ‘Cancellation Period’), provided you have not begun to download the digital content. In such circumstances you will be entitled to a full refund. If you wish to cancel, please contact SoundGhost using the contact details at the top of this page.
- You do not have the right to cancel this contract following the Cancellation Period or once your download of the digital content starts and you are not entitled to a refund unless the digital content is faulty.
- This does not affect the rights you have if your digital content is faulty. A summary of these rights is provided at the top of this page. See also clause 9.
- When you place an order for digital content, you will be asked to tick a box to confirm that you consent to the immediate supply of the digital content and acknowledge that you will lose your right to cancel the contract once the download of the digital content has started.
- Permission to use the digital content
- When you purchase the digital content (see clause 3.6.2), you will not own it. Instead SoundGhost gives you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
- The digital content:
- is personal to you. You may use it anywhere in the world, provided you comply with local laws;
- is non-exclusive to you. SoundGhost may provide the same or similar digital content to other users;
- may not be:
- copied by you, except as permitted under this clause 5;
- modified by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile the digital content), except as permitted under this clause 5;
- distributed or sold by you to any third party, except as permitted under this clause 5;
- used or exploited in any manner that, in the opinion of SoundGhost, is defamatory, immoral, illegal, incites illegal acts, or is of a political or sensitive nature;
- transferred by you to any third party, except as permitted under this clause 5;
- does include updates;
- does not include:
- upgrades;
- new releases;
- new versions,
unless we notify you and provide access to these from time to time at our discretion. Any such upgrades, new releases, or new versions will be subject to the terms of this agreement and may require additional payment;
- contains information owned by SoundGhost and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trade mark (™) markings; and
- is granted to you until terminated in accordance with these terms and conditions.
- In addition:
- any digital content that takes the form of software, such as synthesizer presets or plugins:
- may be:
- used in any music production DAW (as specified in the key technical requirements displayed under the relevant digital content on the SoundGhost website) for business or personal purposes;
- used on any number of your solely owned and individually operated computers or devices;
- copied by you for a reasonable number of necessary back-ups;
- may be:
- any digital content that takes the form of audio samples or sound recordings:
- may be:
- used in your media projects for business or personal purposes, including audio or visual media projects, musical compositions, sound recordings, videos, animations, adverts, TV, film, games, social media projects and commercially released music (‘Media Projects’);
- used on any number of computers or devices;
- copied by you for use in your Media Projects;
- modified by you for use in your Media Projects;
- distributed by you as part of your Media Projects;
- transferred by you as part of your Media Projects;
- used in your Media Projects without crediting SoundGhost;
- may not be:
- distributed by you in its original or substantially similar form;
- transferred by you in its original or substantially similar form;
- submitted in its original or substantially similar form to any music recognition systems;
- submitted in its original or substantially similar form to any collecting societies, such as PRS for Music, MCPS, PPL, affiliate societies and/or any other so-called PRO and or mechanical and/digital rights organisation;
- may be:
- any digital content that takes the form of digital art or e-books:
- may be:
- used for personal purposes;
- used on any number of your solely owned and individually operated computers or devices;
- may not be:
- used for business purposes; and
- copied by you except for a reasonable number of necessary back-ups.
- may be:
- any digital content that takes the form of software, such as synthesizer presets or plugins:
- Except where you have permission to use the digital content under this clause 5, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
- Download
- Once you have placed your order and the Confirmation Email has been sent to you (see clause 3), the digital content will become available for download. SoundGhost will provide you with a download link, which will be included in both the Confirmation Email and, if you purchased through your SoundGhost account, your SoundGhost account portal.
- If something happens which is outside of the control of SoundGhost and affects your ability to download the digital content, SoundGhost will let you know when you can expect to be able to download the digital content.
- If your computer or device blocks the download of the digital content or the download does not start, you may still have the right to cancel the contract. If this happens, please contact SoundGhost using the contact details at the top of this page.
- Payment
- SoundGhost accepts the following payment methods: credit cards, debit cards and PayPal, all of which are taken through Paddle (a third party payment gateway). SoundGhost does not accept cash or cheques.
- SoundGhost will do all that SoundGhost reasonably can to ensure that all of the information you give SoundGhost when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the part of SoundGhost, any failure by SoundGhost to comply with this contract or the Privacy Policy (see clause 2) or breach by SoundGhost of its duties under applicable laws, SoundGhost will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give SoundGhost.
- Your credit card or debit card will only be charged once the Confirmation Email has been sent to you, at which point the digital content will become available for download.
- All payments by credit card or debit card need to be authorised by the relevant card issuer.
- All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
- Nature of the digital content
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content that SoundGhost provides to you must be as described, fit for purpose and of satisfactory quality.
- SoundGhost is under a legal duty to supply digital content that is in conformity with this contract.
- When SoundGhost supplies the digital content:
- SoundGhost will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
- SoundGhost does not promise that it is compatible with any third party software or equipment except where SoundGhost has said that it is on the SoundGhost site; and
- you acknowledge that there may be minor errors or bugs in it.
- Faulty digital content
- Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- If your digital content is faulty, please contact SoundGhost using the contact details at the top of this page.
- To avoid faults in the digital content, you must:
- install any fixes and updates as soon as reasonably possible after SoundGhost tells you that they are available to be downloaded;
- use it only on the recommended third party software and equipment set out on the SoundGhost site; and
- use it only as specified in the key technical requirements displayed under the relevant digital content on the SoundGhost website.
- End of the contract
If this contract is ended it will not affect the right of SoundGhost to receive any money which you owe to SoundGhost under this contract.
- Limitation on liability
- Except for any legal responsibility that SoundGhost cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, SoundGhost is not legally responsible for any:
- losses that were not foreseeable to you and SoundGhost when the contract was formed;
- losses that were not caused by any breach on the part of SoundGhost;
- business losses; or
- losses to non-consumers.
- Except for any legal responsibility that SoundGhost cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, SoundGhost is not legally responsible for any:
- Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
- Disputes
- SoundGhost will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, the SoundGhost service to you or any other matter, please contact SoundGhost as soon as possible using the contact details set out at the top of this page.
- The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
- Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.