Terms and Conditions

TERMS AND CONDITIONS

Introduction

These Website Standard Terms and Conditions (“Terms”, “Terms and Conditions”) written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Please read these Terms and Conditions carefully before using the https://elysiumaudiolabs.com website (the “Website”) operated by Sebastian Roeder, Am Roedelheimer Wehr 3, 60489 Frankfurt/Germany (“Elysium Audio Labs”, “Licensor”, “us”, “we”, or “our”).

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, Elysium Audio Labs and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Elysium Audio Labs may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Elysium Audio Labs a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Elysium Audio Labs reserves the right to remove any of Your Content from this Website at any time without notice.

Returns and Refunds

Your satisfaction with our products is of utmost importance to us. However, because our products are digital goods delivered via Internet download, we do not issue refunds for digital products once the order is confirmed and the product is sent. We recommend contacting us for assistance if you experience any issues receiving or downloading our products.

We reserve the right to use our discretion in extreme cases where a refund may be necessary, however this would only apply to unusual circumstances that will be assessed on a case by case basis.

If you have any questions about our Returns and Refunds Policy, please contact us: info@elysiumaudiolabs.com

Purchases

If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase 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: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons 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.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

You have the option to create an account with us on the Website. If you do create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, tablet, smartphone, or similar electronic device, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

No warranties

This Website is provided “as is,” with all faults, and Elysium Audio Labs express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

External Links

Our Website may contain links to third party web sites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

3rd party trademarks

Any trademark, logo or brandname of any 3rd party or company shown or mentioned on this website, except the name and logo(s) of Elysium Audio Labs, are the exclusive property of the respective owners and do not belong to us in any way, shape, or form, and are solely shown for informational purposes.

Availability, Errors and Inaccuracies

We are constantly updating products and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Limitation of liability

In no event shall Elysium Audio Labs, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Elysium Audio Labs, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Elysium Audio Labs from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms or the terms in the Master Use and Synchronization License Agreement (the “Agreement”).

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Elysium Audio Labs, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Elysium Audio Labs is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

The Elysium Audio Labs is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Elysium Audio Labs and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Germany, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Frankfurt am Main/Germany for the resolution of any disputes.