End User License Agreement (EULA)

**ANY PERSON OR ENTITY ("User" or "You") USING OR OTHERWISE ACCESSING THE SITE AT www.poundound.uk ("Site") OR ANY OF THE CONTENT AVAILABLE VIA THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("Agreement").

PERSONAL DATA: You agree to provide only true, accurate, and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with, and by agreeing to this Agreement, you expressly agree to the terms.

• Contracting Parties: The Site, along with all content, data, and other materials contained therein ("Content"), is owned or controlled by PoundSound. PoundSound is referred to in these terms and conditions as "we," "us," "our," or "PoundSound." When you access the Service, you are contracting with PoundSound. Please note that if you intend to use any products as a company or other entity, the license for such use is granted only to the individual person registering or making such purchase, and such license is not transferable or extendable to other directors, owners, employees, or persons connected to such company or entity.

• Content: The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and the Content is entirely at your own risk. While we strive to provide accurate and up-to-date information, the Content may not be wholly accurate, up-to-date, complete, or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. PoundSound, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Site or the Content in any form other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). Save as expressly set out in this Agreement, the Site and the Content are for your personal use only and are not for redistribution, transfer, assignment, or sublicense. PoundSound will not be responsible if a Product does not fit your particular intended purpose.

• Third-Party Links: Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

• The PoundSound Service: PoundSound is an online retail service ("Service") that allows you to browse and purchase downloadable templates, icon packs, music, sound effects, loops, and samples ("Files"). The Files, and all accompanying downloadable documentation ("Documentation"), are the "Products."

• License for Download and Use of Products: By purchasing a Product (and subject to your compliance with this Agreement), PoundSound grants to you (and only you) a non-exclusive, non-sublicensable, non-transferable license to download and use the Products you purchase from PoundSound. You may not sell any Product(s) or give away any Product(s) for use by any other person(s). Products may not be used in or in relation to any competitive products that are sold or relicensed to any third parties. You may not adapt the Product(s) to create derivative work(s) to be sold, leased, sub-leased, or distributed. The Product(s) are strictly for personal use only. Except as expressly permitted herein, to the fullest extent of applicable law you may not copy, modify, distribute, sell, lease any product.

• No Resale of Products: For the avoidance of doubt, you are granted a personal non-transferable license to use the Products solely for your own personal use. Products are for use only as described hereunder and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale. The license granted to you is effective only from the date you download, and such license will remain in force until terminated by PoundSound as a result of any breach by you of this Agreement.

• Protection of Products: You expressly agree to take all reasonable steps to protect the Product(s) you purchase (including Documentation) from unauthorized copying or use. This includes protecting your devices and networks from unauthorized access (and you shall be deemed responsible for any third party use of your personal devices and networks). You agree not to modify any Product(s) or to otherwise circumvent any method or means adopted or implemented by PoundSound to protect against or discourage the unlicensed use of copying of the Product(s).

• Ownership: Ownership of, and title to, the Products is held by PoundSound. Copies are provided to you solely to enable you to exercise your rights hereunder. When you purchase any Product(s), you are purchasing a limited license for use (and not ownership) of Product(s). Except as expressly authorized in this Agreement, you may not rent, lease, sell, sublicense, distribute, transfer, copy, reproduce, display, modify, or time share any Product(s) or Documentation (or part or element thereof).

• Pricing: Prices are as set out on the relevant pages of the Site from time to time. Prices (and availability of specific Products) are subject to change by posting new prices or notification of availability at any time.

• Payments: Payments may be by credit or debit card using Visa, MasterCard, American Express, or PayPal (or other payment methods offered from time to time as detailed on the Service). All transactions, including pre-orders, are charged immediately. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If your card issuer refuses to authorize payment, your order will be canceled, and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing your credit/debit card payment in accordance with your order, and we shall not be obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the charges. By placing any order hereunder, you warrant and represent that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement. Please note that international payments and certain payment methods may give rise to higher payment processing costs.

• Refunds: Due to the nature of downloadable products and online services, no refunds are normally available for Products that have already been downloaded. Any refund request will be considered in our sole discretion, and our decision will be final. Nothing herein affects your statutory rights. More information on the Refunds Policy can be found here.

• Prohibited Uses: In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content for any unlawful purpose, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on various factors, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

• Warranty and Indemnity: User hereby warrants and represents that User has the right and power to enter into and fully perform all of its obligations under this Agreement. User will defend, indemnify, and hold harmless PoundSound, its parents, subsidiaries, affiliates, directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of User’s representations, warranties, covenants, or obligations.

• Termination of this Agreement: We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Please note that any termination of this Agreement will also terminate your license to use the Product(s).

• Liability: You agree that the liability of PoundSound to you hereunder shall be limited to the amount you have actually paid to us for all products. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort, or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence.

• Warranties: TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL POUNDSOUND PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, POUNDSOUND MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

• Indemnity: You agree to indemnify us for any loss or damage that may be incurred by PoundSound, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content.

• Hacking: You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with any of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Content or otherwise attempts to defraud PoundSound or any other parties through your use of the Site, the Content, or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

• No Partnership: Your use of the Site and/or the Content creates no partnership, client, fiduciary, or other professional relationship.

• Entire Agreement: This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

• Force Majeure: We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations hereunder that is caused by events outside our reasonable control.

• Severance: If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

• No Waiver: No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

• Variation: This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or Services constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site to provide a better experience for Users, and you hereby acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.

• Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of England.