By using this website, which includes any affiliated websites and mobile applications (the “Website”), you are entering into an agreement with The Hill Sounds (sometimes also referred to as “we,” “us,” or “our”) and hereby agree to the terms & conditions set out herein (the “Terms”). We may modify these Terms at any time (without notice to you) by posting revised Terms on the Website. You are responsible for regularly reviewing these Terms for any changes or updates to these Terms, the Website, or any offerings through the Website.
About The Hill Sounds
The Hill Sounds is in the business of selling downloadable products in the form of digital audio recordings, music production software, and other related materials, and additional products and services that may be added to the Website from time to time, for use by musicians, music producers, composers, film editors, and web designers, among others (the “Products and Services”). The available Products and Services offered on the Website may be updated or changed at any time at The Hill Sounds’ sole discretion.
Security and Registration
You do not have to be registered with The Hill Sounds to view the Website, but to purchase the Products and Services you must provide certain information, including a username, password, and valid email address. Once these are provided, they will be kept on file by The Hill Sounds. This information will be used by The Hill Sounds as outlined in the 'Privacy Policy'. The Hill Sounds may immediately terminate or suspend your use of the Website, your account, or the Products and Services, and this agreement at any time, particularly if you breach or otherwise fail to comply with these Terms.
Payment and Downloading Products
Payment is taken on behalf of The Hill Sounds by PayPal and Stripe. After payment for the Products and Services, you will be taken to a page of your account, where you can download your purchased Products and Services.
Intellectual Property Rights
All right, title, and interest in and to the Website, The Hill Sounds logos, designs, and trademarks are and will remain our exclusive property (collectively, “Intellectual Property Rights”). You will not use the Intellectual Property Rights for any purpose (or anything that is confusingly similar to the Intellectual Property Rights) without the express authorization from The Hill Sounds.
All feedback, comments, and suggestions for improving the Website and the Products and Services (the “Feedback”) that you provide to us, and any contributions you make to the Website by posting content and communicating with other users via posts or forums that may be available on the Website from time to time (“User Posts”), will be the exclusive property of The Hill Sounds. You hereby irrevocably transfer and assign to us all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide Intellectual Property Rights therein. At our request, you will execute documents and take such further acts as we may request to assist us in acquiring, perfecting, and maintaining our Intellectual Property Rights and other legal protections for your Feedback and User Posts.
Privacy Policy
To provide you with the Products and Services you have selected, it is essential for The Hill Sounds to store your personal information. This information will be used by us and our service providers or other third-party partners to allow for faster purchasing and the allocation of discount coupons, and will not be passed on to any third parties other than those who assist The Hill Sounds in providing the Products and Services to you. No promotional information from The Hill Sounds or any third parties will be sent to the email address provided, except for The Hill Sounds newsletter, which you can unsubscribe from at any time using the link at the bottom of the email. By using the Website and providing us with your personal information, you are hereby expressly consenting to being added to The Hill Sounds’ newsletter.
When you enter the Website, you will be issued a cookie, which is a small text file transferred from the Website to your hard drive, used to validate your login details and allow the audio player to function smoothly when browsing the Website. This helps us to provide the best browsing experience for our customers. This Website complies with the Data Protection Act 1998, and The Hill Sounds takes all necessary measures to ensure your data is protected against loss, theft, misuse, and alteration.
Third-Party Sites
The Website may contain links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, of those sites. We have no control over sites that are not ours, and we are not responsible for any use of such sites or content on them. Our inclusion of any third-party content or link to a third-party site on the Website is not an endorsement of that content or site.
Disclaimer, Waiver, and Indemnity
While The Hill Sounds will take reasonable steps to ensure that the Website and our Products and Services are free from uncleared or unauthorized samples, materials that infringe copyright, and viruses or malicious activity, The Hill Sounds makes no guarantees and will not be held liable for any losses, claims, or legal fees resulting from this.
Your use of the Website and any Products and Services is at your sole risk, and the Products and Services on our Website are provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory. The Hill Sounds does not warrant that our Products and Services will be uninterrupted, timely, secure, or error-free.
You hereby agree to indemnify, defend, and hold harmless The Hill Sounds and all of our officers, directors, owners, employees, affiliated parties, suppliers, and licensors (the “Indemnified Parties”) from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim arising out of your use of the Website, the Products and Services, third-party sites, your violation of these Terms, or the violation of the rights of any person or entity.
Limitation of Liability
You expressly agree that The Hill Sounds (including our officers, directors, owners, employees, affiliated parties, suppliers, and licensors) will NOT be held liable for any losses, claims, legal fees, or court costs that may arise from your use of the Website and the purchase of any Products and Services. You agree not to sue or recover damages from The Hill Sounds for any issue arising from your use of the Website, purchase of Products and Services, or termination of this agreement or your account.
To the maximum extent permitted by applicable law, we will not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages in connection with your use of the Website, Products, or Services, even if we have been advised of such damages, including but not limited to, damages for loss of profits, goodwill, or use.
Additional Agreement with The Hill Sounds
If you execute a separate agreement with The Hill Sounds for any Products and Services, you expressly agree and acknowledge that you remain bound by these Terms.
Delivery/Refund Policy
After making payment on this Website, you will be automatically taken to a download page where you can download your purchased Products and Services. If you experience any problems, please contact us at support@thehillsounds.com, and we will work to solve the problem. For certainty, once downloaded, the Products and Services purchased by you from The Hill Sounds are non-refundable.