Lumisound is a digital distribution platform offering single-file and batch purchasing of visual and audio content – namely, images, photos, sound FX, and stock music. We do not produce anything – the website is a place where lumisound.net connects content creators with potential buyers and sell their works for fair profits.
Please take a couple of moments to read the following Terms that regulate the interactions between Lumisound (website, we, us, our) and its users (you, your). Creating an account and making purchases implies your familiarity and consent with the present terms.
When we say ‘we’, ‘us’ or ‘Lumisound’ it’s because that’s who we are and we own and run the Lumisound website.
Ownership
The products on the website belong to the lumisound.net and/or to the creator of the content and are protected by the relevant EU laws on intellectual property. We are do not create copyrights over the Lumisound content available to the buyers.
Upon purchasing our products, you do not gain ownership thereof. However, you may use them for commercial and other purposes that do not violate the corresponding intellectual property laws.
Subject to these terms and conditions, the creator may sell us the content (grant us an exclusive right and license to freely and without restriction use and exercise the rights in the content).
Subject to these terms and conditions, the creator hereby grants us a nonexclusive right and license to freely and without restriction use and exercise the rights in the content in whole or in part, as stated below:
– to use reproduce, publish, duplicate, publicly or privately perform and display, distribute, and transfer the content. You’re giving us the non-exclusive right to play, use, and distribute the content.
– to use, market, license, sublicense, distribute and sell the content, including individual tracks, MIDI, lyrics, samples music and other constituent parts from the content. You’re giving us the non-exclusive right to find people who want to pay for the right to use (or listen to) your content.
Content and bundles
Lumisound distributes only the following content such as music, sound effects, photos. You may purchase the aforementioned content separately (one item or more) or purchase a bundle that includes a scope of different types of content (the list of content of each bundle is mentioned in the bundle description).
Lumisound does not distribute any other types of content except as mentioned before. Any other types of content are prohibited on our platform.
Displayed Items
Lumisound does not distribute any age-restricted content or sensitive materials. Before showing up on the website, the content undergoes meticulous moderation. If you notice any potentially unsafe materials for work, please get in touch with us at once.
Third Parties
Lumisound does not collaborate with any third-party platforms offering similar services, only content contributors. Therefore, please report any content instances with Lumisoft watermarks appearing on other websites.
Third-Party Links
We have the right to request the removal of any links to Lumisound and to terminate your permission to share such links. Additionally, links to third-party platforms may be found on Lumisound. Even though some sites may be affiliated with us, we do not support or endorse them, and you are solely responsible for the outcomes of your interaction with such websites.
Purchasing Content
When creating an account, you will be prompted to validate one of the supported payment methods and agree to the respective banking system terms of use. Your payment operator may apply additional fees, and you may incur additional costs due to currency conversion.
The prices on our website may change over time, and we are not obliged to inform you of such changes. Please note that such changes may occur even after you add the product to the cart, prompting you to pay a different sum than what was displayed on the product page. The price will not change, however, after you see it in the cart and initiate the purchase.
Taxes, such as VAT, are calculated automatically by the operator. Lumisound is not a financial service provider, and we do not conduct any transactions on our own or on behalf of third parties.
When you buy the content (or the bundle of the content), you acquire the right to use that content (royalty-free); you’re not actually acquiring the content itself.
You are responsible for all costs of currency conversion relating to a transaction on Lumisound. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
If you stream or download a preview file from our website, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Lumisound website and not for any other purpose.
Terms of buying: When you buy at Lumisound the content (or a bundle) you’re doing so on the following terms:
a. you warrant to us or/and the author that you have carefully considered the suitability of your chosen content, and that you have chosen appropriately;
b. you cannot cancel a completed purchase;
c. we and the authors do not promise that any particular item will continue to be available on Lumisound so you should download and save the content as soon as you buy it;
d. once you buy or download the content and the content has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same content );
Warranties of the Lumisound: The author of the content you buy warrants to you that:
a. the content is of acceptable quality and fits the purpose for which it is ‘sold’;
b. the content matches the description given by the author on any content preview;
c. we will honour any express warranties given to you that are not contained in these terms;
d. we have the rights necessary to license that content on the terms of the applicable license;
e. your use of that content in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
f. the content and its description are not false, inaccurate, misleading, fraudulent, unlawful, or defamatory;
g. the content and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
h. the content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
i. we will process your data in accordance with applicable privacy law and data protection regulations.
Refunds
Each refund request is contemplated individually and may be rejected if it doesn’t comply with our criteria for compensation. Note that you won’t be able to request a refund for a perfectly functional product identical to the website preview. Refunds are conducted by mirroring the payment procedure used to buy the product. Please read more in our Refunds Policy.
We will assess refunds on their merits, considering the digital nature of the content and the type of content preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
a. you have changed your mind about the content;
b. you bought the content by mistake;
c. you do not have sufficient expertise to use the content;
d. you ask for goodwill; or
e. you can no longer access the content because it has been removed (we advise you to download the content as soon as you buy it to avoid this situation).
Disputes lodged with payment agents: If, as a buyer via your account, you lodge a dispute with a payment agent, this will result in a freezing of your account until the dispute raised with the payment agent has been canceled. This makes it very complex to resolve any related issues and means we cannot make payments or issue refunds out of your account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Lumisound Ownership
The Lumisound website, its framework and design, as well as technical components, are all part and parcel of our intellectual property. Please let us know if you suspect copyright infringement of such property or the intellectual property of our product contributors.
What we own: We own all the Lumisound content that we have put on the Lumisound website (unless otherwise stated and/or excluding content owned by others and distributed on this website under the relevant agreement). We own all the trademarks, logos, service marks, and trade names on the Lumisound website (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify, or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.
What we don’t own: We do not warrant that the content, code, data, or materials (owned by others and distributed on this website under the relevant agreement) available on our website do not infringe the intellectual property rights of a third party.
Privacy
Lumisound can obtain your personal information when you use the website. We take no interest in collecting or using it for malevolent purposes and will protect its integrity with the available methods. Read more about your privacy in our Privacy Policy and Data Policy.
You promise that the information you give us is true, accurate, and complete and, if you sign up for Lumisound account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, which means you cannot sell your account. You are responsible for any use of the Lumisound website including any activity that occurs in conjunction with your username and password, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
Confidential Information: We value your information and take reasonable precautions to protect it. While using this website you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through this website to any other person.
Limited Liability
You consent to hold us harmless from any losses or responsibilities we may sustain as a result of, or in relation to claims against us regarding your use of our website and its products. It includes any legal fees we incur on a full indemnity basis.
You are given access to Lumisound and its goods on an “as is” basis. We make no representations or guarantees of any kind, either explicit or implicit, including the implied warranties of fitness for a specific purpose and non-infringement.
We won’t be held responsible for any losses you sustain, including those related to revenue, profit, goodwill, customers, capital, losses in connection with another contract, data loss, indirect, consequential, or special loss, damage, or expenditure. Similarly, we shall not be responsible for your inability to access or use Lumisound or for any damaging consequences thereof.
Non-excludable consumer guarantees may be in force in some jurisdictions. According to these conditions, we do not limit, exclude, or change non-excludable consumer promises. We are only obligated to the promises made in these conditions, except for non-excludable consumer guarantees to the fullest degree authorized by law. If a non-excludable consumer guarantee is broken, we are only responsible for replacing the product or service in question or paying the associated costs.
Account Termination
If we have reasons to suspect a risk connected with your use of Lumisound, we may ban you, terminate your account, and block any payments associated with this account. It, for instance, concerns the cases when individuals sanctioned by the EU conduct such activity or reside in EU-sanctioned countries. You certify that neither your location nor your name appear on any sanctions list.
Amendments & Modifications
We reserve the right to modify these conditions at any moment and will do our best to notify our subscribers of any significant changes. No matter how much time has passed after the modifications were made, you automatically agree to them if you keep using Lumisound.
Site activity is regulated by the laws of Spain.
Commenta Tech, S.L.
B10903334
Calle Ventura Rodriguez, 24 1D, 2808 Madrid, Spain
[email protected]
+34605616685
