INITIAL AUDIO
Founder: Thomas Chatfield
Co-Founder: Clemens Philipps
Address
Clemens Philipps (CEO)
Nürnberger Str. 24
16547 Birkenwerder
Germany
Umsatzsteueridentifikationsnummer gemäß § 27a Umsatzsteuergesetz: DE 299321138
Web www.initialaudio.com
E-Mail [email protected]
VST PlugIn Technology
VST PlugIn Technology by Steinberg Media Technologies
GENERAL TERMS AND CONDITIONS
Section 1 Scope, Customer Information
The following General Terms and Conditions (GTC) regulate the contractual relationship between individual companies and the consumers and contractors, who purchase goods through our Initial Audio shop. Contradictory or deviating conditions from our terms and conditions shall not be acknowledged by us. The contract language is English.
Section 2 Conclusion of Contract
(1) The offers on the Internet represent a non-binding invitation to you, to purchase goods.
(2) You may place one or several products in the shopping basket. During the course of the order process, you enter your details and requirements regarding the payment method, delivery modalities, etc. You shall only submit a binding offer to conclude a purchase contract by clicking on the order button.
(3) With the confirmation of receipt, which is sent immediately by e-mail, the acceptance of the offers is also declared at the same time and the purchase contract is thereby concluded.
Section 3 Customer Information: Storage of Your Order Data
Your order, with details about the concluded contract (e.g. type of product, price, etc.) will be stored by us. We send you the GTC, but you may also retrieve the GTC at any time via our website after the conclusion of the contract. As a registered customer, you may access your past orders via the customer login section (Downloads).
Section 4 Customer Information: Correction Information
Prior to submitting your order, you may correct your entries at any time using the delete button. We will inform you able additional correction options on the way through the order process. You may also terminate the order process at any time by closing the browser window.
Section 5 Warranty
Statutory warranty rights exist for our goods.
Section 6 Limitation of Liability
We exclude liability for negligent breaches of duty, provided that these are not significant contractual duties, damages from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our legal agents and our legal representatives. The significant contractual duties specifically include the duty to hand over the item to you and procure the ownership for you. Furthermore, we must procure the item for you free from material and legal defects.
Policy / License Agreement
The copyright of INITIAL AUDIO products, and any sounds, samples, loops, MIDI files, sequencer projects and/or audio demos they include, is retained by INITIAL AUDIO, but is licensed to the original purchaser, for use in their own personal commercial and non-commercial releases. Only an original purchaser of this product has the legal right to use this product’s contents within their own
“original” musical releases and/or in advertisements, soundtracks, and television or film productions. All rights not expressly granted to the user are reserved.
A purchaser of this license may use the contents of this product in their own commercial and noncommercial compositions, providing their name appears in the “credits” for the work used which incorporates an element of this product. Proof of purchase may be requested (subsequent to a release which uses one of our copyrights) to prove you had the legal right to release the work that includes one
of INITIAL AUDIO licensed copyrights, at the time of release. The proof of purchase must show that the purchase occurred before the release of the music that includes INITIAL AUDIO copyright, or legal action will be taken to recover an adequate portion of the publishing and royalty income. Any remixer of the track you create which uses INITIAL AUDIO copyright(s) will also need to purchase a
license prior to the release, as our license is non-transferrable.
The contents of this product may not be used (wholly or partly) in the creation of any competitive product, including, but not necessarily limited to, Sample Packs, Sample CDs, Sample DVDs, Virtual Instruments, Expansion Packs, Production Music, Library Music, App Contents, or any other collection, in any format, or in any product that would involve the re-licensing of INITIAL AUDIO copyrights,
without (taken out our) permission. The contents of this product are not to be used “isolated” in your musical works. They must be used
within the context of a musical piece mixed with additional parts. Any audio demos are provided as “demos” and they are not licensed to you, and they may not be re-created in their current state. You may not re-sell this collection or transfer it to any third-party as a purchased license is a single-user license and non-transferable.
All copying, lending, duplicating, re-selling, renting, uploading, file sharing or unauthorised trading of this content (or any part of this content) is prohibited by international copyright law. INITIAL AUDIO will not hesitate to take legal action against any person(s), company or individual(s) who fail to adhere to the terms of this legal agreement. If you have any questions about this license or you wish to report an individual who has flouted the terms of this agreement, then please contact us.
VST PLUGINS Policy / License Agreement
The copyright of VST Plugins by “INITIAL AUDIO” and any of it´s Expansion Packs, Sounds and Instruments is retained by INITIAL AUDIO, but is licensed to the original purchaser, for use in their own personal commercial and non-commercial releases. Only an original purchaser of this product has the legal right to use this product’s contents within their own “original” musical releases and/or in advertisements, soundtracks, and television or film productions.
All rights not expressly granted to the user are reserved.
The contents of VST Plugins by “INITIAL AUDIO” may not be used (wholly or partly) in the creation of any competitive product, including, but not necessarily limited to, Virtual Instruments, Expansion Packs, App Contents, or any other collection, in any format, or in any product that would involve the re-licensing of INITIAL AUDIO copyrights, without (taken out our) permission.
You may not re-sell this product or transfer it to any third-party as a purchased license is a single-user license and non-transferable.
All copying, lending, duplicating, re-selling, renting, uploading, file sharing or unauthorised trading of this content (or any part of this content) is prohibited by international copyright law. INITIAL AUDIO will not hesitate to take legal action against any person(s), company or individual(s) who fail to adhere to the terms of this legal agreement.
If you have any questions about this license or you wish to report an individual who has flouted the terms of this agreement, then please contact us.
Refund Policy
All Initial Audio products are digital content and will be delivered in digital form as a download upon purchase.
All products are non-refundable. We offer demos of our VST plugins and for our expansion packs and sound kits we offer audio/youtube demos.
Please only purchase a product if you are happy with the demos as refunds cannot be given once the product has been downloaded.
Privacy and Data Policy
Initial Audio ( https://initialaudio.com ) collects and retains data provided by you (the customer) for the sole purpose of delivering your digital goods (purchases). We collect and store the following data on our web server.
1. Personal Data
The following information relates to the processing of your personal data. Personal data refers to all data which refers to you personally, i.e., name, address, email address, payment information or your activities as a user.
2. Data Capture Every Time You Access the Website
a) Usage Data
Every time you access the website, even if it is only to look for information and you do not log in or register a customer account, or otherwise deliberately transfer information (for example by signing up for a newsletter), we will capture the following data, transmitted by your browser, which allow you to visit the website (usage data):
- IP address
- Date and time of the request
- Duration of the visit to the website
- Time zone difference to Greenwich Mean Time (GMT)
- Contents of request (actual page)
- Access status/HTTP-status code
- Respectively transmitted data quantities
- Which website the request is coming from
- Browser, browser language, browser software version
- Operating system
- Email Address
Your email address is required so we have a place to deliver the links to your purchases. Our system will automaticaly create a account for every client which relates to the clients email adress. In your account you can request your personal data as well as delete your personal data from our server.
b) Cookies
When using our website as well as our online shop, cookies are saved on the device you use to access the page. They enable the Initial Audio systems to recognize your browser and to provide services which are of interest to you personally.
Cookies are small text files (alphanumeric identification symbols) which are stored on users’ end devices when they visit a website. When the same website is visited again, the information which was saved will then be sent back to the participating server. We use first-party cookies and third-party cookies, which can be designed as session cookies or temporary cookies.
Session cookies are automatically deleted from your hard drive after your browser session. These cookies store a so-called session ID, which is assigned various requests from your browser during a shared session. This type of cookie is used in relation to the basket function in the online shop as well as to user and licence data. Its use is technically required in order to be able to connect your user account with your actions over separate visits.
Temporary cookies are deleted after a pre-determined amount of time. These cookies allow us to recognize a repeated website visit based on the feedback from the cookies to the participating server over various browser sessions. A connection to your user account (where applicable) and the possible identification will only be implemented if you select the “Remember me” function during login. In this way, we can provide a personalized shopping experience.
Third-party cookies are only set by servers if they are not identical with our servers, i.e. if they come from other websites you have visited. In contrast, first-party cookies on browsers are not accessible across domains. Third-party cookies are used when using our website and our online shop by some third-party companies (for further details about some selected providers used by us, see below under c).
By using these third-party cookies, also known as “tracking cookies”, a user’s visits to various websites can be assigned to the specific visitor. This allows us to draw conclusions about the visitor’s interests and to accordingly customize websites (personalization, for example through individually tailored advertisements).
You also have the option of configuring your browser so that specific types of cookies are not allowed or deleted. You can also visit our website if your browser settings block the placing of cookies or if you do not agree with having cookies placed on your hard drive. We would like to inform you, however, that if you do so, you may not be able to fully use all features on our website, in particular purchases via the use of a virtual basket, which will not be possible for technical reasons (see above).
c) Third-Party Providers
(aa) Google Analytics
As a part of our internet presence we use Google Analytics, which is a web analysis tool provided by Google Inc. Google Analytics uses cookies to analyze how our website is used. The information generated by the cookie about your use of this website, including the abbreviated IP address, is transferred to and stored on a Google server, in some cases located in the USA. The evaluation by Google is exclusively carried out in an anonymous process in which the code expansion provided by Google “anonymizeIp” deletes the last 8 bits of your IP address, therefore anonymizing it for subsequent data processing.
If you have registered a user account with us, we will additionally use a so-called “User ID” for this service. This is a unique, permanent and personalized symbol sequence which we assign to you when you first log in to your user account. When you visit the website and are logged in to your user account, the website activities are assigned to your permanent user ID. This ID is not assigned to a specific end device (smartphone, laptop, etc.), but to you personally. In conjunction with Google Universal Analytics, this User ID is transmitted to Google, where it is used by us at Google as a pseudonym for you as a user. The data accumulated by Google are therefore anonymized for Google, as the service does not have the option to create a link to your user account and therefore to your personal data.
Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us as website operators, and providing other services relating to website activity and internet usage. Where applicable, Google will transmit this information to third parties if this is prescribed by law, or as long as these third parties process these data on behalf of Google.
If, however, you still wish to prevent the use of Google Analytics, you can install the browser add-on to deactivate Google Analytics. Get the add-on from Google.
As mentioned above, you can prevent the storage of cookies by adjusting your browser software settings accordingly. We would like to inform you, however, that if you do this you may not be able to fully use all the functions on this website.
More information regarding data usage via Google.
(bb) Mailerlite Newsletter System
We use a Mailinglist System from Mailerlite. If you are on our mailing list (hosted by Mailerlite), we may periodically email you with announcements of new product releases, blog posts, sales, discounts, or offers, and product updates. You may unsubscribe from the mailing list at any time, although in doing so, you will no longer receive emails regarding updates to products you have purchased.
More information about how Mailerlite processes data
(cc) Zotabox Contact Form
We use the Zotabox System as contact form for our website in order to improve functionality, leading to a better user experience. When you use the contact form on our website your message, email adress and ip adress will be processed by Zotabox. The data (email, message, ip adress) is beeing transfered SSL encrypted.
More information about how Zotabox processes data.
If you do not want your data to be processed by Zotabox you also can contact us directly via email at [email protected]
d) Links to Third-Party Providers
Links to third-party providers and our internet presence on Facebook, Twitter, Instagram and YouTube are embedded in our website. You can activate the redirection by clicking on the relevant symbol (for example the Facebook button) on the lower part of our website. Initial Audio is not responsible for data processing carried out by third-party providers. Please learn more about data processing by reading the relevant company’s privacy notices.
3. Additional Data Processing with Newsletter Subscriptions
a) Newsletter Subscription
If you wish to receive regular information and news about our services, products and offers, you have the option of subscribing to our newsletter on our website by entering your email.
If you have purchased a Initial Audio product, you will also receive a newsletter. Of course, you may withdraw your consent at any time. With the help of this newsletter we will ensure as part of our direct marketing that you will be able to stay up to date with updates, offers and new developments.
The only obligatory information for subscribing and receiving our newsletter is your email address as a technical requirement.
You can withdraw your consent to receiving the newsletter at any time. In order to do so you can use the following link, which is available in every email.
4. Contact and Support Service
a) Email
If you contact us via email, we will use your email address and name in order to process your query and contact you if necessary.
5. Product Orders, Product Registration
a) Product Orders
You can place orders in our online shop via your user account by entering the personal data required for order processing.
The captured and saved data required for this purpose and as part of contract processing are: Name, address, email address, payment information. All other data are accordingly marked as voluntary information.
We will store your order data as part of the order history and send you the order data via email. When confirming your order via email we will not disclose any payment details, only the payment method selected.
b) Payment Data
Payment processing for our store is processed through PayPal or Stripe, regardless of whether you are paying via a PayPal account, credit card, or debit card. We do not collect, process, or retain your payment data. It does not exist on nor pass through our web server. We have NO access whatsoever to your payment account information.
c) Purchase History
We maintain a record of all your purchases: what date the purchase was made, what items were ordered, how much was paid, payment method (but NOT payment info), and IP address used to make the purchase. This data is necessary for our ecommerce system to fulfill orders, and to allow us to send updates, process refunds, or transfer purchases from one account to another.
6. Data Privacy and Security
a) Data Privacy
Initial Audio ONLY shares retained data with our licensed contractors on an “as needed” basis. We do not use subcontractors. Contractors with access to retained data include only the following:
- Customer support representatives, who may look up order information in order to answer questions about a purchase
- Accountants and bookkeepers, who aggregate order information to produce records for accounting and tax reporting purposes
- These contractors are not permitted to share your data with any other parties. Your data is used by these contractors ONLY as necessary to complete the job functions above. Aside from these contractors, Initial Audio also does NOT share retained data with any other entities or individuals.
b) Data Security
Your data is stored in our database on UK Servers owned and maintained by 1&1. 1&1 is a German web hosting Company. Our website is encrypted over secure HTTPS with an SSL certificate, and all payment information is handled securely by our payment processors, PayPal and Stripe.
More information about how 1&1 is processing data.
More information about how Paypal is processing data.
More information about how Stripe is processing data.
7. Request and delete your personal data
At any time, you may log in to your User Account to view all your information stored on our server. What you see in this area (email, physical address if any, purchase history) is the entirety of the data we store.
You may also email us at [email protected], or using the Form below, and we can provide the raw data above as it is exported from our eCommerce platform (WooCommerce). Please allow up to 3 full business days for us to process these requests.
You may also at any time request that we remove your user data from our store. Please keep in mind that by doing so, you will be unable to view or re-download your previous purchases, and you will lose access to any past or future discounts associated with your previous user data. Send us a mail to [email protected] or use the Form below if you want your data to be removed from our store
© Copyright 2018, INITIAL AUDIO
