Introduction
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Country refers to: India
- Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms and Conditions) refers to Phonogram, operating as an unregistered business in India.
- Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as "Terms") means these Terms and Conditions, which govern Your access to and use of the Service and form the entire agreement between You and the Company regarding the Service.
- Website refers to Phonogram, accessible from your domain.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with These Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Our Service is informative and available to users of all ages, including users under the age of 13.
Your access to and use of the Service is also subject to Our Privacy Policy, which describes how We handle data, newsletter subscriptions, and site analytics. Please read Our Privacy Policy carefully before using Our Service.
Services Provided and Third-Party Links
The Website functions strictly as an informational platform providing information regarding sample packs, audio products, web apps, and audio plugins.
- No Direct Purchases: We do not sell products directly, process payments, or allow users to complete financial transactions on Our Website.
- External Partner Stores: The Service contains direct links to third-party partner stores (e.g., LANDR, ADSR, Producer Loops, Wavetick) where products are hosted and sold.
- Third-Party Responsibility: The Company has no control over, and assumes no responsibility for, the content, transaction security, pricing, fulfillment, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company 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 the use of or reliance on any such third-party content, goods, or services.
User Accounts & Newsletter
- Admin Access Only: The Service provides administrative authentication only. Standard users cannot create an account, register, or log in to the Website.
- Newsletters: Users may voluntarily opt-in to receive newsletters and promotional emails from Us by providing an email address. You may unsubscribe from these communications at any time via the link provided in the emails.
Intellectual Property Notice
The Service and its original content, audio samples, preset designs, source code, visual layouts, text, and graphics are and will remain the exclusive property of Phonogram. They are protected by international copyright laws and intellectual property rights and cannot be systematically scraped, reproduced, or redistributed without explicit prior written authorization from Us.
Analytics
We use third-party analytics services, specifically Google Analytics, to track and analyze website traffic and usage patterns. This data is non-personal and aggregated to help us improve the layout, performance, and user experience of our Service.
Termination
We may suspend or block Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions, attempt automated scraping, or cause deliberate system resource disruptions.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, or loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company has been advised of the possibility of such damages.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service.
Without limiting the foregoing, the Company makes no representation or warranty of any kind: (i) as to the operation or continuous availability of the Service; (ii) that the Service will be completely uninterrupted, secure, or error-free; or (iii) as to the accuracy, reliability, or currency of any information provided through the Service.
Governing Law
The laws of India, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Website may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company directly.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time by posting updated terms directly to this page. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: contact@phonogramaudio.com
- By visiting this page on our website: https://www.phonogramaudio.com/contact