Terms of Use

1. Agreement of Terms

These Terms of Use ("Terms", "Terms of Use") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Soundtuary LLC ("us", "we", or "our"), concerning your access to and use of the http://www.thesoundtuary.com (the “Website”) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”).

Please read these Terms of Use carefully before using the http://www.thesoundtuary.com website operated by Soundtuary LLC. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. 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. If you disagree with any part of the terms then you may not access the Service.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Website.

2. Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

“Soundtuary™” is a trademark of Soundtuary LLC. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website are the property of their respective owners.

The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You are granted limited license only for purposes of viewing the material contained on this Website, solely for your personal, non-commercial use.

3. Third-party Website and Content

This Website may contain links to websites operated by other parties. Soundtuary LLC provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Soundtuary LLC, and Soundtuary LLC is not responsible for the content available on these third party sites. Such links do not imply Soundtuary's endorsement of information or material on any other site and Soundtuary LLC disclaims all liability with regard to your access to and use of such linked websites. This Website may provide search results that include third party content, including references to third party goods or services. You acknowledge and agree that such third party content belongs to Soundtuary's advertisers or other third party, and that Soundtuary LLC has no control over such content or the information contained therein. References to third party goods or services do not imply Soundtuary's endorsement of those goods or services, and Soundtuary LLC disclaims all liability with regard to your access to and use of such material.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

4. Digital Millennium Copyright Act (DMCA) Notice and Policy

We respect the intellectual property rights of others and encourage our users to comply with these laws. If you believe that any material available on or through the Website infringes upon any copyright you own or control, please immediately notify us using the designated agent information provided below to report alleged infringements (Notification). Upon notice reception of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed (3) identification of the material that is claimed to be infringing on the Website and/or Services (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and email; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon. Our designated agent for notice of claims of copyright infringement can be reached as follows: By mail: 1537 SW 10th St, Miami, FL 33135. By email: stefano@thesoundtuary.com Subject: ATTENTION: DMCA.

5. Prohibited Use

You may not access the Website in an unauthorized manner. You agree not send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Website, or to violate any of the procedures, policies or regulations of networks connected to the Website.

You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.

By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities, and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately, and no refund will be permitted.

6. Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

7. Purchases and Payments

We accept the following forms of payment: debit and credit card. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

8. Return Policy

Please review our Ticket and Product Return Policy - http://www.thesoundtuary.com/return-policy - posted on the Website prior to making any purchases.

9. Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

10. Electronic Communications, Transactions, and Signatures

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

11. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

12. No Warranties

This Website is provided "as is," with all faults, and Soundtuary LLC 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. Any reliance you place on such information is therefore strictly at your own risk.

We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

13. Limitation of Liability

Soundtuary LLC will attempt to remedy faults in the Services provided. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Service in question. In no event, including but not limited to negligence, shall Soundtuary LLC, nor any of its officers, directors, employees, affiliates, suppliers, clients, or licensors shall not be held liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the services or the content, materials and functions related thereto, your provision of information via the services, or any errors, viruses or bugs contained in the services, even if such protected entity has been advised of the possibility of such damages.

14. Indemnification

You hereby indemnify to the fullest extent Soundtuary LLC 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. Soundtuary LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Soundtuary’s defense of such claim.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

16. Variation of Terms

Soundtuary LLC 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.

17. Assignment

Soundtuary LLC 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.

18. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Soundtuary LLC and you in relation to your use of this Website and Services, and supersede all prior agreements and understandings with respect to the same.

19. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Florida, United states, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida, United States for the resolution of any disputes.

privacy policy

We care about data privacy and security. We collect personal information about you through and in connection with your use of the Website and Services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms, and which may be accessed on this Website (https://www.thesoundtuary.com/terms-conditions).

By using the Website, you agree to be bound by our Privacy Policy. Please be advised the Website is hosted in the United States. If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

1. Collection of your Information

We may collect information about you in a variety of ways. The information we may collect on the Website includes:

Personal Data
Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Website or when you choose to participate in various activities related to the Website, such as online chat and forms. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Website.

Derivative Data
Information our servers automatically collect when you access the Website, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.

Financial Data
Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Website. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor Stripe, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Facebook Permissions 
The Website may by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

Data from Social Networks
User information from social networking sites, such as Facebook and Instagram, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.

Mobile Device Data
Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Website from a mobile device.

Third-Party Data
Information from third parties, such as personal information or network friends, if you connect your account to the third party and  grant the Website permission to access this information.

Data from Contests, Giveaways, and Surveys
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

2. Use of your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience.  Specifically, we may use information collected about you via the Website to: administer sweepstakes, promotions, and contests, assist law enforcement and respond to subpoena, compile anonymous statistical data and analysis for use internally or with third parties, deliver targeted advertising, newsletters, and other information regarding promotions and the Services, email you regarding your account or order, fulfill and manage purchases, orders, payments, and other transactions related to the Website, monitor and analyze usage and trends to improve your experience with the Website, process payments and refunds, prevent fraudulent transactions, monitor against theft, and protect against criminal activity, request feedback and contact you about your use of the Website, resolve disputes and troubleshoot problems, respond to product and customer service requests, and perform other business activities as needed.

3. Disclosure of your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows: 

By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.  This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance. 

Marketing Communications
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Interactions with Other Users
If you interact with other users of the Website, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

Online Postings
When you post comments, contributions or other content to the Website, your posts may be viewed by all users and may be publicly distributed outside the Website in perpetuity.

Third-Party Advertisers
We may use third-party advertising companies to serve ads when you visit the Website. These companies may use information about your visits to the Website and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.

Affiliates
We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Business Partners
We may share your information with our business partners to offer you certain products, services or promotions.

4. Security of the Information

We use administrative, technical, and physical security measures to help protect your personal information.  While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.  Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

5. Policy for Underage People

We do not knowingly solicit information from or market to people under the age of 21. If you become aware of any data we have collected from people under age 21, please contact us using the contact information provided below.

6. Do-Not-Track Features 

We use Squarespace for our website, and as far as Do Not Track signals go, Squarespace sites use information, which does not identify individual users, to analyze trends, to administer websites, to track users' movements around websites, and to gather demographic information about our user base as a whole. Squarespace sites do not link this automatically-collected data to personally identifiable information.

7. Third-Party Websites

The Website may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Website, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Website.

CONTACT US:

Please contact us for any questions about this Privacy Policy and Terms of Use.

Soundtuary LLC
1537 SW 10th St
Miami, FL 33135

Email: stefano@thesoundtuary.com