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TERMS & CONDITIONS

LICENCE AGREEMENT FOR USERS OF WOGAMi FX SOUND LIBRARIES

This License Agreement governs the legal relationship between you, the purchaser (hereafter referred to as “the Customer”) of WOGAMi FX Sound Libraries, and WOGAMi FX (hereafter referred to as “WOGAMi FX”). WOGAMi FX offers digital goods and services, mainly in the form of Sound Effects Sample Libraries (hereafter referred to as “Samples”), from its website, www.wogamifx.com. which can be downloaded after paying a license fee. The Customer’s use of these Samples is subject to agreeing to the conditions in this License Agreement. By downloading, installing, or using the Samples in any other way, the Customer agrees to be legally bound by the terms of this License Agreement. The Samples may be used for the Customer’s own productions (for example: motion picture or television productions, computer and video games, theater productions, radio plays, websites, etc.), hereafter referred to as “Projects”.

This License Agreement includes:
1. Mechanical Rights: The right to re-record, duplicate, and release the Samples as part of the Customer’s Project in whatever media the Customer chooses (video, film, video and computer games digital formats, etc.)
2. Synchronization Rights: The right to use the Samples as a soundtrack “synced” with visual images, or sounds as part of the Customer’s Project
3. Public Performance and Broadcast Rights: The right to use the Samples as part of the public viewing or broadcast of the Customer’s Project, including, but not limited to films, television, video and computer games, DVDs, Blue-Ray Disks, websites, podcasts, multimedia productions, and radio.

Single User License
Only the Customer personally is permitted to use the Samples, although the Customer may transfer files from his completed work product containing Samples to his clients, distributors or broadcasters, for the purpose of broadcast and reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Samples and cannot access or extract it from any file, film or television production or other work that you provide.

Limits of Use
This License Agreement excludes any isolated and/or independent use of the Samples. The license granted in this Agreement is personal to the Customer, and limited to the Customers Projects. WOGAMi FX only licenses the use of the Samples it provides; it retains full rights concerning the Samples. The use of the Samples for the creation of a sound library or audio samples or for any sample-based product — even if modified — is strictly prohibited. In addition, the Samples may not be repackaged in whole or part as sample libraries or audio samples or digital instrument patches or any other product, without the prior written permission of WOGAMi FX. Further you are not allowed to claim authorship of the samples.

Indemnification
The Customer shall indemnify WOGAMi FX from, and against any and all claims, demands, suits, awards, damages, suits, injuries, liabilities and all reasonable expenses, including attorneys fees incurred by WOGAMi FX with respect to any matter that arises as a result of a breach of this Agreement by the Customer. WOGAMi FX shall not have the right to enjoin the use of the Sounds or to rescind any rights granted to the Customer hereunder.

WOGAMi FX will defend, indemnify and hold harmless the Customer and its affiliated, related or subsidiary companies and its and/or their employees, directors, officers, agents, shareholders, successors, assigns or licensees from and against any and all losses, costs, damages, expenses (including reasonable attorneys’ fees) and other liabilities arising from a claim, demand, action or suit alleging that the Sounds infringe a third party’s copyright, trademarks or patents and shall pay all damages, fees, and costs finally awarded against the Customer and its affiliated, related or subsidiary companies, entities or divisions and its and/or their respective employees, directors, officers, agents, shareholders, successors, assigns or licensees in such action or any settlement thereof.

General
This License Agreement contains the entire agreement between WOGAMi FX and the Customer regarding the licensing, use, and liability limitations related to the use of WOGAMi FX products, in particular the aforementioned Samples. No part of this License Agreement may be amended, altered, modified, or waived in any way except in writing, specifying such an amendment, alteration, modification, or waiver, executed by both WOGAMi FX and the Customer. If any part of this License Agreement is deemed contrary to law or partially or entirely void in any way by any law or court of law, then the remaining provisions of the License Agreement will remain in full force and effect.


DIGITAL PRODUCTS REFUND POLICY

Purchase Terms of Agreement
The purchase of digital products is subject to the following terms and conditions. Consumers are advised to review carefully before making any purchase.

Payment & Refund Policy
All transactions for purchase of intangible products and online content are made through payment gateways such as PayPal or Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.

Since your purchase is a digital product, it is deemed “used” after download or opening, and all purchases made on www.wogamifx.com are non-refundable or exchangeable. Since the products made available here are intangible, there is a strict no refund policy.

WOGAMi FX reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product or service offerings without prior notice.

Delivery of Goods and Services
If you do not receive the digital product upon purchasing, you can immediately contact fx@wogami.be with your transaction/payment details to ensure your product is delivered as soon as possible.


PRIVACY POLICY

Last updated: January 28, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.


INTERPRETATION AND DEFINITIONS

Interpretation
The words of which the initial letter is 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 this Privacy Policy:
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to WOGAMi, Rue Mercelis, 6 - 1050 Bruxelles.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to: Belgium
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Website.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to WOGAMi FX, accessible from www.wogamifx.com
  • 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.

COLLECTING AND USING YOUR PERSONAL DATA

Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data
Usage Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
  • Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Free Privacy Policy website article. 
We use both Session and Persistent Cookies for the purposes set out below:

     - Necessary / Essential Cookies
  • Type: Session Cookies
  • Administered by: Us
  • Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
     - Cookies Policy / Notice Acceptance Cookies
  • Type: Persistent Cookies.
  • Administered by: Us
  • Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
     - Functionality Cookies
  • Type: Persistent Cookies
  • Administered by: Us
  • Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data
The Company may use Personal Data for the following purposes:
  • To provide and maintain our Service, including to monitor the usage of our Service.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data - Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure of Your Personal Data - Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Disclosure of Your Personal Data - Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.


CHILDREN'S PRIVACY

Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.


LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.


CHANGES TO THIS PRIVACY POLICY

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.


CONTACT US

If you have any questions about this Privacy Policy, You can contact us by email: fx@wogami.be