Terms of service

Last Updated: 10/31/2023

Welcome, and thank you for your interest in Selective Sounds (“Creator,” “we,” or “us”) and our website at https://selective-sounds.com, provided through Fourthwall, (the “Service”). These Terms of Service are a legally binding contract between you and Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Creator’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND Creator’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Creator AND BY YOU TO BE BOUND BY THESE TERMS.

1. Creator Service Overview

We offer a website where you can purchase royalty-free sound packs and audio assets for game development and related creative projects ("Products").

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or Creator, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access any Membership, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at contact@support.selective-sounds.com.

4. General Payment Terms

Purchase of any Product through the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars.

4.1 Price
Creator reserves the right to determine pricing for all Products and Memberships. Creator will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Creator may change the fees for any Product or Membership if the Creator gives you advance notice of changes before they apply. Creator, at its sole discretion, may make promotional offers with different features and different pricing to any of the Creator's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization
You authorize the Creator and its third party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Creator or its third party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.3 Memberships
Memberships may include automatically recurring payments for periodic charges. If you activate such a Membership, you authorize the Creator or its third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or the applicable Membership, all accrued sums on or before the payment due date for the accrued sums. The “Membership Billing Date” is the date when you purchase the applicable Membership. Your account will be charged automatically on the Membership Billing Date all applicable fees and taxes for the next Membership period. The Membership will continue unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews in order to avoid billing of the next periodic Membership Fee to your account. Creator or its third party payment processor will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership by accessing the Billing tab in your profile within the site or by contacting us at contact@support.selective-sounds.com.

5. Returns and Refunds

We will accept all returns for defective Products made within 30 days of the purchase date (“Returns”). We will issue you a full refund for all Returns and will pay for the return shipping of any Return if such shipping is required. We will not accept any returns of, nor issue any refunds for, any Products that are not defective.

6. Shipping and Delivery

All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.

7. Licenses

7.1 Limited License
Subject to your complete and ongoing compliance with these Terms, Creator grants you, solely for your personal and commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and the purchased Products as part of a larger creative work, such as a video game, film, or multimedia project.

7.2 License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

  • (a) use the Products as standalone items;

  • (b) distribute, resell, sublicense, or otherwise make available the Products individually;

  • (c) use the Products outside of being incorporated into a larger creative project.

8. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products (“Feedback”), then you hereby grant Creator an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

9. Ownership; Proprietary Rights

The Service is owned and operated by the Creator. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Products (“Materials”) provided by the Creator are protected by intellectual property and other laws. All Materials included in the Service are the property of Creator or its third party licensors. Except as expressly authorized by the Creator, you may not make use of the Materials. Creator reserves all rights to the Materials not granted expressly in these Terms.

10. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;

  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

  • interfere with security-related features of the Service;

  • interfere with the operation of the Service;

  • perform any fraudulent activity;

  • sell or otherwise transfer the access granted under these Terms or any Materials;

  • attempt to do any of the acts described above.

11. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Your continued use of the Service will confirm your acceptance of the revised Terms.

12. Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Creator any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 9.3, 10, 11, 12, and 13 will survive.

13. Modification of the Service

Creator reserves the right to modify or discontinue the Service at any time without notice.

14. Indemnity

You are responsible for your use of the Service, and you will defend and indemnify Creator and its affiliates against any claims related to your use of the Service.

15. Disclaimers; No Warranties

The Service and all materials are provided “as is” and “as available.” Creator disclaims all warranties, express or implied.

16. Miscellaneous

16.1 General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated, are the entire agreement between you and Creator.

16.2 Governing Law
These Terms are governed by the laws of the State of California.

16.3 Privacy Policy
Please read the Creator Privacy Policy carefully for information about our collection, use, and disclosure of your personal information.

16.4 Additional Terms
Your use of the Service is subject to any additional terms we post.

16.5 Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us.

16.6 Contact Information
The Service is offered by Selective Sounds. You may contact us at contact@support.selective-sounds.com.

16.7 Notice to California Residents
California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

16.8 No Support
We are under no obligation to provide support for the Service.

16.9 International Use
The Service is intended for visitors located within the United States.