Most recent update: December 25, 2022

1. Introduction

The domain pure.audio (herein referred to as 'Site') is owned and operated by PURE Jingles B.V., under a brand name called PURE Audio (herein referred to as 'we', 'us' and 'our'), a company registered in the Netherlands under Chamber of Commerce number 29049776 and VAT number NL 811048330 B01 with our registered office address being Lindenheuvel 3, 1217 JV Hilversum, (Kingdom of) the Netherlands.

Please read these terms & conditions (herein collectively referred to as 'Terms') carefully before placing an Order. Purchasing any Products on or through our Site means that you agree to be bound by these Terms.

2. Changes

We may modify, add, or remove any part of the Terms at any given time. Each change is effective immediately upon posting. Your continued use of this Site and/or your purchase of any Products following the posting of changes to the Terms means that you also accept the changes. We always recommend to check our Terms before placing your Order.

3. Privacy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy, accessible through the footer menu of this site by clicking on the 'Privacy' link below.

4. Presentation

We've made every reasonable effort to accurately display our Products on the Site, however this presentation is for illustrative purposes only.

5. Age

You may not purchase any Products from the Site if you are below the age of 18 years. If you are younger, please ask your parent or guide for necessary permission and let them place the Order on your behalf.

6. Order

6.1 These Terms will become binding on you and us, and an Agreement will come into effect between you and us, by your ordering of Products on this Site and/or through a PURE Audio sales representative.

6.2 If there is any conflict between these Terms and the terms of the order, then the order terms will take priority.

6.3 If you have already ordered and paid for a Product and we are unable to supply you with a Product because the Product is no longer available or because we cannot meet your requested delivery date, we will notify you as soon as possible.

7. Agreement

These Terms, and the Privacy Policy, together either constitute the entire Agreement between you and us (superseding all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter), or are an integral part of a written agreement between us (i.e. a signed contract).

8. Representations

8.1 You acknowledge and agree that by entering into an Agreement with us, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Agreement.

8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

9. Cancellations

9.1 Your legal right to cancel an Agreement starts from the date on which you receive the Order Confirmation.

9.2 If you wish to cancel an Agreement with us, you can notify us about your decision within 24 hours after you have received the Order Confirmation in order to receive a refund.

9.3 However, you cannot cancel an Agreement in below cases:

a) When ordering any of our Products in Instant Download categories (e.g. from our 'PURE Sounds' webshop) - products that are available for you to download immediately after purchase. This is due to the fact that the digital product once purchased cannot be physically returned. However, you can sample each Product by listening to excessive demos available on each product page; a great indication of the Product itself.

b) You have received a Processing Notification from our production manager and/or our creative team, in which case the creative process has started and we have therefore already incurred costs of making the Product for you.

c) When your Product has been completed and/or delivered.

10. Revisions and Refunds

10.1 To cancel an Agreement in accordance with clause 9 above, you should email our customer service team at info [at] pure.audio (or email your PURE Audio account manager) within 24 hours after you have received the Order Confirmation in order to receive a refund. Please include the initial Order Confirmation and other necessary information to review your request.

10.1.1 Your cancellation is effective from the date you send us the email.

10.1.2 If you wish to contact us for any other reason, including because you have any questions, requests or complaints, you should email our customer service team at info [at] pure.audio (or email your PURE Audio account manager)

10.1.3 We will contact you or give you notice by email or by prepaid post to the address you provided us with your order.

10.2 If you cancel your Agreement, we will:

10.2.1 refund the full price paid if the Production has not commenced.

10.2.2 refund you full price paid minus accrued expenses should you cancel after the processing of your order has started. We are obligated to pay our creative talent (voices and producers) for all work done, regardless if it will be used or not. So if your order is already processing and you decide to cancel, you have to accept that the full refund will not longer be possible.

10.2.3 provide no refund if the order has been already completed and delivered (or in case of Instant Download has been already completed and downloaded by you). We will work with you to make any reasonable amendments to the order, however our service is not something you can simply “give back” and all products are made to order, which makes returns a little more challenging.

10.3 If you have returned the order because there are faults or because the final Product is not as described or ordered, we will provide one free of charge revision to your order.

10.4 Refunds will be made to you on the credit card or bank account used by you to pay.

10.5 If a Product has been delivered to you prior to your decision to cancel your Agreement then please see the respective clauses within these Terms.

10.6 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local citizens' advice bureau or trading standards office.

10.7 If you wish to make a change to an order that has been already completed, we will calculate the fee based on the changes needed. The minimum charge will be 25% of the originally paid fee.

10.8 Regarding our Instant Downloads (such as music beds, sound effects, and other production elements or jingle packages or parts thereof) that are available for you to download immediately after purchase:

10.8.1 You may request a full refund if you have changed your mind after purchase and have not accessed the download (as we can determine whether download has been made).

10.8.1 Once the Instant Download has been downloaded, you no longer have ability to return it (digital products cannot be physically returned). You are able to sample each Product by listening to excessive demos available on each product page, which is a great indication of the Product itself. Our team will however consider each case on individual basis. So please contact our customer service team at info [at] pure.audio (or email your PURE Audio account manager) to talk about this further.

11. Delivery

11.1 For all Products that are not Instant Downloads, we will let you know the estimated delivery date after we have received from you (a) Agreement Signature, (b) Production Prepayment (usually it's 50% before Production and 50% before Delivery; sometimes it's 100% before Production, depending on the Product) and (c) Creative Brief, and after we have scheduled the production. As an indication, and always depending on the Product, the Deliverables and the current schedule, our standard production timelines are anywhere between 3 and 6 weeks after receiving (a), (b) and (c). For all Products that are an Instant Download, delivery is instant upon receiving Full Payment (100% before Delivery).

11.2 Delivery dates may occasionally be affected by Circumstances Beyond Our Control as mentioned in clause 15 below.

11.3 Order Delivery shall be deemed to be completed when we deliver the Product to the email address given by you, and you will be responsible for the Product from that time.

11.4 Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Product within the applicable License, which depends on the Product.

11.5 If we fail to deliver a Product within 90 days after receiving (a), (b) and (c) as mentioned under 11.1 above, then you may cancel your Order straight away if any of the following applies to you:

1. we have refused to deliver the Product;

2. delivery within the delivery deadline was essential considering relevant circumstances, and you made it clear at the time of placing the Order; or

3. you informed us prior to acceptance of your Order that delivery within the delivery deadline was essential.

12. Price and Delivery Charges

12.1 Prices of the Products are specified on our site and confirmed on the checkout page, or communicated by our account managers and specified in our written Quotations. We may change our prices any time, but that will not affect the prices for confirmed Orders.

12.2 Our prices are exclusive of VAT (Value Added Tax). The correct VAT rate will be displayed on the checkout page, or communicated by our account managers and specified in our written Quotations and Invoices.

12.3 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products' correct price is lower than the price communicated on our site or in our written Quotation, the lower amount will be charged. If the Products' correct price is higher than the price communicated on our site or in our written Quotation, we will inform you of this and ask whether you wish to continue with the Order with the actual higher price. If the error in price is obvious, unmistakable and the mispricing could have been reasonably recognised by you, we will not be liable to provide the Products to you at the lower price that was incorrect.

13. Payment

Payments for all Instant Download category Products, including recurring Subscription Payments for the chosen Subscription Plan, are to be made in advance by electronic payment through one of our third-party payment platforms. Payments for all Not Instant Download category Products, such as Payments for jingle packages and other productions that are not instantly available, are to be made according to clause 11 and/or the contents of the respective Production Agreement by electronic payment from your bank account to our bank account, or from your PayPal account to our PayPal account, see details below:

Company name & address:

PURE Jingles B.V.
Lindenheuvel 3
1217 JV Hilversum
Netherlands

Bank:

Rabobank
Croeselaan 18
3521 CB Utrecht
The Netherlands

Bank account:

IBAN - NL98 RABO 0362 9590 99
SWIFT / BIC - RABONL2U
Note - in case a SWIFT / BIC with 11 characters is required, then use: RABONL2UXXX

PayPal account:

[email protected]

Kindly take care of any transfer fees on your end, so that we receive the full amount, and please mention the invoice number in the description field when making your payment.

14. Limitation of Liability

14.1 We are not responsible for any loss or damage you suffer that is consequence of our negligence or our breach of the Terms, except if there are one or more Circumstances Beyond Our Control as mentioned in clause 15. In any case, as we value our customers, we will always do everything we can reasonably do to find a good solution for both you and us. However, we are not responsible for any loss or damage you suffer that is not a consequence of our negligence or our breach of the Terms.

14.2 We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

15. Circumstances Beyond Our Control

15.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

15.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, pandemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

15.3 If any Circumstances Beyond Our Control affect the performance of our obligations under these Terms, you will be notified as soon as reasonably possible, and the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. Should the indicated Delivery Date be affected by the Circumstances Beyond Our Control, we will reschedule the Delivery Date with you after the Circumstances Beyond Our Control are over (or sooner, if this is reasonably possible, a decision which is at our discretion).

15.4 If any Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the Agreement in accordance with clause 9 and 10 of the Terms.

15.5 If any Circumstances Beyond Our Control occur and continue for more than 4 weeks, we may cancel the Agreement ourselves. Should you, at that point, already have made a Payment or Prepayment for the Product, we will try to provide a refund to you as much as this is possible according to clause 9 and clause 10.

16. Notice

16.1 Any notice to us should be in writing and should be emailed to us via info [at] pure.audio (or the email address of your PURE Audio account manager).

16.2 Any notice to you will be in writing and will be emailed to you via the email address you provided us with when you placed your Order and/or will be sent to you via prepaid post to the physical address you provided us with when you placed your Order.

17. Product Licenses

17.1 Each Product and its terms & conditions is licensed to use in certain ways, on certain media, and in a certain area, as defined in these Terms or in a separate Product Agreement of which these Terms are an integral part. In case there are differences between these Terms and the terms mentioned in a separate Product Agreement, then the respective terms in the Product Agreement shall prevail, while the other terms in these Terms shall remain active.

17.2 If you would like to use the Product in any additional ways and/or in any additional media and/or in any additional areas that are different from those described in your Current License, you are obliged to report this to us beforehand, to avoid that rights of an Other Client are breached as your expanded use might overlap with Other Client's License, in particular for Jingle Packages and other Products that are often exclusively licensed to a certain area. We will ask the same of our other clients with the sole intention to protect every client's interest, however we are not liable for any possible copyright claims or other claims of any kind as a result of Any Client's actions or lack of actions.

17.3 if you would like to use the Product in any additional ways and/or in any additional media and/or in any additional areas that are different from those described in your Current License, this requires an Additional License agreement which may involve additional cost, and also depends on whether or not the Other Client is already using (parts of) the same Product in those respective ways and/or media and/or areas.

17.4 In case an Other Client is overstepping their (and breaching your) Current License as their expanded use of (parts of) the same Product overlaps with your Current License, we will ask the Other Client to undo this situation as soon as possible with the sole intention to protect every client's interest, however we are not liable for any possible copyright claims or other claims of any kind as a result of Any Client's actions or lack of actions.

18. Production

18.1 Each Product represents the original work of PURE Audio, and PURE Audio retains full copyright on each Product provided. Each (part of each) Product of PURE Audio is protected by copyright, including design copyrights, trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, without limitation, all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, the style or presentation of the services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to PURE Audio' moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied shall remain with us.

18.2 You may not download or copy the content and other downloadable items displayed on the Site in the form of audio elements (the production, composition, etc.) with the exception of items made free for you to download and use.

18.3 If you are looking for a production that resembles aspects of someone else’s idea or project, it is your own responsibility to ensure that by doing so you are not infringing any existing copyrights, artist's rights, etc. We may refuse to recreate someone else's work if this would mean a conflict with our code of conduct.

18.4 If you would like us to include a certain Sonic Logo (an audio logo melody for brand recognition purposes, regardless if we have created it or not) and/or Lyrics & Wordings (such as your slogan and brand name, regardless if we have written these or not) in a Product, we automatically assume that you have made sure, before production of the Product, that the Sonic Logo and Lyrics & Wordings are not in use by a third party that is active in your market or field. You take full responsibility for any potential copyright that may exist on the Sonic Logo and Lyrics & Wordings of your choice. We are not liable for any possible copyright claims or other claims of any kind.

19. Sound Effects and Music Libraries

PURE Audio (soon) sells music beds, work parts and sound effects as Instant Download content at pure.audio/sounds. In addition to the terms mentioned on that page, all elements are available for purchase under the following terms:

19.1 All Products are licensed for use only by the person or entity indicated as a purchaser (listed on the purchase invoice) under the User License attached to the chosen account type (Personal, Professional or Corporate) at www.pure.audio/register.

19.2 The chosen User License grants the licensee the non-exclusive right to reproduce library components solely for use within other audio and/or visual effects for recording projects. Licensee does not acquire any ownership rights or underlying copyrights, and all rights, title and interest in the library components remain with PURE Audio.

19.3 Paid & downloaded audio material from the PURE Sounds production library can be used for unlimited time, even after your Monthly Subscription or Annual Subscription has ended. After your Monthly Subscription or Annual Subscription is completed, you can keep using all paid & download materials under the under the User License attached to the most current chosen account type (Personal, Professional or Corporate).

19.3 All production elements will be available instantly after the successful purchase under the “My Downloads” page in your “My Account” area.

20. Miscellaneous

We may assign our rights & obligations under these Terms to any another person. If there is any such assignment of rights & obligation, we will inform you in writing or by email.

20.1 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

20.2 This Agreement and these Terms are only between you and us. No other third person shall have any rights to enforce any terms.

20.3 Each paragraph of these Terms are separate and distinct from each other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

20.4 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does further not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

20.5 Dutch law governs these Terms and Agreement between you and us. Dutch courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in The Netherlands if you are a resident of The Netherlands.

20.6 In case of any dispute, we will always strive to find a solution through good talks and mutual understanding, before considering any legal action (if it would be necessary at all).