Introduction - Purpose

Amplar is an online platform for downloading sound effects. Amplar provides the ability to purchase and download a wide range of sound effects.

Acceptance of Terms

The Amplar.io website (the "Service") is operated by Amplar Pty Ltd (“Amplar”, “we”, “us”, “our”). Please read these Terms of Service ("Terms") carefully before using the Service.

Your use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply all users and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and any subsequent changes. If you disagree with any part of the Terms then you do not have permission to, and must not access, the Service.

By creating an Account on the Service, you will be asked if you consent to receive newsletters, marketing or promotional materials and other information we may send. You may opt out of receiving any, or all, of these communications from us at any time by following the unsubscribe link or instructions provided in any email we send.

Please visit the Privacy Policyon our website, Amplar.io, for more information.

Please note that these Terms do not cover your download and exploitation of the Sound Effects which is subject to a separate licence agreement: Amplar.io.

User Accounts

In order to access some features of the website, or download sounds, you will have to create an account. You may never use another’s account without Amplar’s permission. When creating your account, you must provide accurate, up to date, and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password(s), billing information, and username(s) secure. You must notify Amplar immediately of any breach of security or unauthorised use of your account(s). Although Amplar will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Amplar or others due to any unauthorised uses and/or activity on your account.

You agree we may verify your identity at any time during or after your use of our Service via your account. You hereby authorise us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources.

If you do not provide any requested information, as prompted, and/or Amplar cannot verify your identity, then you agree that Amplar may refuse to allow you access to our Service and/or the set up of your account.

Your account is only for your personal use. You agree to not share your password to your account with any other person or company for any reason. Password sharing even to other persons in your company or family is not permitted. By signing up for an account with us, you agree to follow these password sharing restrictions.

We monitor password sharing and may enforce this policy. If you share your password with any person, you agree that we may at our option and in our discretion (a) automatically charge you for the additional users, (b) put a temporary hold or block on your account, (c) terminate your account permanently, and/or (d) take actions to collect any amounts owed for additional unregistered users who you have shared your password with. By signing up for an account and using our Service, you agree that these restrictions and actions are fair and reasonable.

Billing

If you wish to purchase any product or pay for any service made available through the Service, you may be asked to supply certain information including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that:

you have the legal right to use any credit card(s) or other payment method(s) in connection with any payment; and,

the information you supply to us is true, correct and complete.

The Service may employ the use of third party service providers for the purpose of facilitating payment. By submitting your information, you consent to us providing the information to these third parties subject to our Privacy Policy.

You agree to promptly provide Amplar with any contact or billing information changes or updates, including but not limited to changes to your credit card number, billing address, and credit card expiration date.

We reserve the right to:

refuse or cancel your purchase or payment at any time for any reason including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons;

refuse or cancel your payment if fraud or an unauthorised or illegal transaction is suspected; and,

change our fees or billing methods at any time. We will provide timely notice to the affected users of any such changes.

Refunds

Without limiting our obligations or your rights under law, including the Australian Consumer Law, our account fees are non-refundable. Any discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances or otherwise.

Restricted Activities

You are prohibited from any use of the Service or its contents that would constitute a breach of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.

Your information and activities on the Service shall not:

be false, inaccurate or misleading;

be fraudulent;

infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

violate any law, statute, ordinance or regulation;

contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Service;

be defamatory, inappropriate or discriminatory; nor

create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Further, you agree not to:

use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," or any other kind of software, that accesses the website in a manner that sends more request messages to the Amplar servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Amplar reserves the right to block any user when there is a serious indication of abuse of the Service with a permanent ban without refund and without right of dispute from the user;

collect or harvest any personally identifiable information, including account names, from the Service;

solicit, for commercial purposes, any users of the Service; nor,

copy, reproduce, modify, create derivative works from, distribute or publicly display any Service content, without Amplar’s prior written consent.

Notwithstanding the foregoing, Amplar grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Amplar reserves the right to revoke these exceptions either generally or in specific cases.

Amplar may block, restrict, disable, suspend or terminate your access to all or part of the Service at any time at Amplar’s discretion, without prior notice or liability to you.

Service Availability, Errors, Infringements and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. The Service may from time to time be completely or partially unavailable due to maintenance, updates or other reasons.

We further reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We have the right but not the obligation to monitor all sounds on Amplar.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Amplar and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia. Our trademarks may not be used in connection with any product or service without the prior written consent of Amplar.

Report a Sound

If you are a copyright owner or an agent thereof and believe that any content on our website infringes upon your or your client’s copyright, you may submit a notification pursuant to Amplar website with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

Statements should be submitted to: info@amplar.io

Warranty Disclaimer

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Amplar, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with sounds provided by the Service, the Service itself and your use thereof.

Amplar makes no warranties or representations about the accuracy or completeness of the Service’s content, the sounds themselves, nor the content of any sites linked to this Service and assumes no liability or responsibility for any:

errors, mistakes, or inaccuracies of the Service and the sounds;

personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;

any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

any interruption or cessation of transmission to or from the Service;

any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; and/or

any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

Amplar does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Amplar Service or any hyperlinked website or featured in any banner or other advertising, and Amplar will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

To the extent that Amplar is at any time in breach of any statutory condition, warranty, or guarantee that cannot be excluded by law, your sole remedy will be (at Amplar’s election) the recovery of damages, subject to Clause 9 below.

Limitation of Liability

In no event shall Amplar, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, nor for loss of property, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnity

You agree to defend, indemnify and hold harmless Amplar, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Amplar website; (ii) your breach of any term of these Terms of Service, the Privacy Policy, and/or the Licence; and/or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions, and you submit to the jurisdiction of the courts exercising jurisdiction in New South Wales.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Survival

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact Us

If you have any questions about these Terms, please contact us at Amplar.io.

Last updated: 23.10.23