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Legal

Privacy Policy

Effective as of April 17, 2023.

California Notice at Collection/State Law Privacy Rights: See the State law privacy rights section below for important information about your rights under applicable state privacy laws.

At Nightfox Audio, we deeply care about your privacy and we are committed to safeguarding the privacy of our website visitors and service users especially when it comes to personal information. This “Privacy Policy” describes the privacy practices of Nightfox Audio Inc.  ( “Nightfox Audio”, “we”, “us”, or “our”) in connection with the www.NightfoxAudio.com website and any other website that we own or control and which posts or links to this Privacy Policy (collectively, the “Service”), and the rights and choices available to individuals with respect to their information. Nightfox Audio may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product or service.

We provide important information for individuals located in the European Union, European Economic Area, and United Kingdom (collectively, “Europe” or “European”) below.

Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise may include:

  • Contact information, such as your first and last name, email addresses, billing and mailing addresses, and phone number.
  • Profile information, such as your username and password that you may set to establish an online account with us, your photograph, interests, and preferences.
  • Content you choose to upload to the Service, such as text, images, audio, and video, along with the metadata associated with the files you upload.
  • Feedback or correspondence, such as information you provide and associated metadata when you contact us with questions, feedback, or otherwise correspond with us online.
  • Financial information, such as your account numbers or payment card information associated with products or services you have purchased from us.
  • Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.
  • Usage information, such as information about how you use the Service and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the Service.
  • Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications
  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Third party sources. We obtain personal information from other sources, such as:

  • Data providers, such as information services and data licensors that provide professional and other information.
  • Public sources, such as social media platforms.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on our sites and other sites and online services. This information may include:

  • Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type and version, screen resolution, IP address, IP address, unique identifiers, the website you visited before browsing to our website, and general location information such as city, state or geographic area.
  • Online activity data, such as pages you viewed, referral sources, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and duration of access.

Chat technologies and monitoring. We use chat services and software code provided by Helpscout that collect users’ interactions with the Services in a manner that allow us to monitor and review these interactions for customer service and service improvement purposes. These interactions may include users’ personal information entered into the chat window, webpages visited on our website, IP address and geographic location information such as city, state or geographic area. These interaction replays help us identify and diagnose usability problems, identify areas for improvement and improve the customer experience when using the Services. You can learn more about Helpscout by clicking here and more about Helpscout’s Privacy and Data Protection practices by clicking here.

Cookies. Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Policy for more information.
Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Service. We use your personal information to:

  • provide, operate and improve the Service
  • provide information about our products and services
  • establish and maintain your user profile on the Service
  • enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
  • facilitate social features of the Service, such as by identifying and suggesting connections with other users of the Service and providing chat or messaging functionality
  • communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages
  • communicate with you about events or contests in which you participate
  • understand your needs and interests, and personalize your experience with the Service and our communications
  • provide support and maintenance for the Service
  • respond to your requests, questions and feedback

For research and development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying user demographics and use of the Service.

To send you marketing and promotional communications. We may send you Nightfox Audio related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the “Opt out of marketing communications” section below.

To display advertisements. We may work with advertising partners to display advertisements on the Service or elsewhere online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Service or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”

To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

How We Share Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and in a manner consistent with this Privacy Policy, and are prohibited from using or disclosing your information for any other purpose.

Payment Service Providers. Financial transactions relating to the Service are handled by our payment services providers, Stripe,WooCommerce Payments (Automattic), and PayPal. We share transaction data with our payment services providers to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices using the links below:

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Your Choices

In this section, we describe the rights and choices available to all users. Users who are located within the European Union can find additional information about their rights below.

Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.

Opt out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at help@nightfoxaudio.com.com. You may continue to receive service-related and other non-marketing emails.

Cookies & Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Service and third party websites.

Privacy settings and location data. We make available certain privacy settings on the Service, including options to control direct marketing communications and limit the use of your information. You can access these privacy settings from within the account section on the Service. Your device or browser settings may provide the ability for you to revoke our ability to access location data.

Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Service may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance by clicking here, selecting the user’s country, and then clicking “Choices” (or similarly titled link). Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means.

Other sites, mobile applications and services

The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security Practices

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International Data Transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

European Union users should read the important information provided below about transfer of personal information outside of the European Union.

Children

The Service is not directed to, and we do not knowingly collect personal information from, anyone under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required by law, will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to help@nightfoxaudio.com. You may also write to us via postal mail at:

Nightfox Audio, Inc.
Attn: Privacy
410 S 11th St
Lincoln, NE 68508

Notice to European Users

The information provided in this “Notice to European Users” section applies only to individuals in Europe.

Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller and Data Protection Officer. Nightfox Audio, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.

We have appointed a Data Protection Officer, who can be reached at dpo@nightfoxaudio.com.

Legal bases for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are described in the table below.

Processing purpose

(click link for details)

Details regarding each processing purpose listed below are provided in the section above titled “How we use your personal information”.

Legal Basis
To operate the ServiceProcessing is necessary to perform the contract governing our provision of the Service or to take steps that you request prior to signing up for the Service. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the Service you access and request.

For research and development

To send you marketing communications

To display advertisements

For compliance, fraud prevention and safety

To create anonymous data

These activities constitute our legitimate interests. We do not use your personal information for these activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
To comply with lawProcessing is necessary to comply with our legal obligations.
With your consentProcessing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us.

If you provide us with any sensitive personal information to us when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Service.

Retention

We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

Your Rights

European data protection laws give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:

  • Access. Provide you with information about our processing of your personal information and give you access to your personal information.
  • Correct. Update or correct inaccuracies in your personal information.
  • Delete. Delete your personal information.
  • Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
  • Restrict. Restrict the processing of your personal information.
  • Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You may submit these requests by sending email to help@nightfoxaudio.com or in writing to our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

Cross-Border Data Transfer

If we transfer your personal information out of Europe to a country not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be performed:

  • Pursuant to the recipient’s compliance with standard contractual clauses or Binding Corporate Rules
  • Pursuant to the consent of the individual to whom the personal information pertains
  • As otherwise permitted by applicable European requirements.

You may contact us if you want further information on the specific mechanism used by us if we transfer your personal information out of Europe.

California Notice at Collection/State Law Privacy Rights

Except as otherwise provided, this section applies to residents of California and Virginia to the extent they have privacy laws applicable to us that grant their residents the rights described below, including the California Consumer Privacy Act (“CCPA”) and the Virginia Consumer Data Protection Act (“CDPA”) (collectively the “State Privacy Laws”). 

It describes how we collect, use and share Personal Information of residents of these in operating our business, and their rights they may have with respect to that Personal Information. Please note that not all rights listed below may be extended to all users and that if you are not a resident of one of these states listed above, you may not be able to exercise these rights. In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it. Privacy laws change frequently so if you have questions about whether you are eligible to make the requests described below, please contact us. For purposes of this section, “Personal Information” has the meaning given to “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside but does not include information exempted from the scope of the State Privacy Laws.

This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

Your Privacy Rights

The State Privacy Laws may provide residents with, some, or all of the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

  • Information/Know. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
    • The categories of Personal Information that we have collected.
    • The categories of sources from which we collected Personal Information.
    • The business or commercial purpose for collecting and/or selling Personal Information.
    • The categories of third parties with whom we share Personal Information.
    • The categories of Personal Information we have sold or disclosed for a business purpose.
    • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.
  • Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
  • Appeal. You can appeal our denial of any request validly submitted.
  • Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.
  • Deletion. You can ask us to delete the Personal Information that we have collected from you.
  • Opt-out of the Sale or Sharing for Targeted Advertising Purposes. You can opt-out You can opt-out of the sale of Personal Information and of certain processing of Personal Information for targeted advertising purposes.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as denying you services; increasing the price/rate of services; decreasing service quality; or suggesting that we may penalize you as described above for exercising your rights.

How To Exercise Your Rights

You may exercise your California privacy rights described above as follows:

  • Right to information/know, access, appeal, correction, and deletion. You can request to exercise your information, access and deletion rights by emailing help@nightfoxaudio.com
  • Right to opt-out of the “sale” of your Personal Information or “sharing” of your Personal Information for Targeted Advertising. We do not sell your Personal Information in the conventional sense (i.e., for money). However, like many companies, we may share certain information with third parties and we use services that help deliver interest-based ads to you. The State Privacy Laws may classify this data sharing and our use of these services as a “sale” or “sharing” of your Personal Information to the advertising partners that provide these services. You can request to opt-out out of this “sale” or “sharing” of your personal information here: Do Not Sell or Share My Personal Information.

Verification of Identity; Authorized Agents

We reserve the right to verify your identity and to confirm your residency in order to process your information/know, access, appeal, correction, or deletion requests. To verify your identity, we may require government identification, a declaration under penalty of perjury, or other information, where permitted by law.

Under some State Privacy Laws, you may enable an authorized agent to make a request on your behalf. However, we may need to verify your authorized agent’s identity and authority to act on your behalf.  We may require a copy of a valid power of attorney given to your authorized agent pursuant to applicable law. If you have not provided your agent with such a power of attorney, we may ask you to take additional steps permitted by law to verify that your request is authorized, such as by providing your agent with written and signed permission to exercise your State Privacy Laws rights on your behalf, the information we request to verify your identity, and confirmation that you have given the authorized agent permission to submit the request.

Personal information that we collect, use and disclose

The chart below summarizes how we collect, use and disclose Personal Information by reference to both the categories defined in the “Personal Information We Collect” section of this Policy above and the statutory categories specified in the CCPA, and describes our current practices and those during the 12 months preceding the effective date of this Privacy Policy. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

CCPA Statutory categoryPersonal Information (PI) we collectSource of the PIPurpose for collectionCategories of third parties to whom we “disclose” the PI for a business purposeCategories of third parties to whom we “sell” the PI
Identifiers

-Contact information

-Profile information

Feedback or correspondence

You

Public sources

Third Parties

To operate the Service

Research & development

Marketing & advertising

For compliance, fraud prevention, and safety

To comply with law

Affiliates

-Service Providers

-Other users of the Service and the public

Advertising partners

-Professional advisors

-Authorities and others

-Business transferees

Advertising partners (to facilitate online advertising)  
Commercial Information

Contact information

Feedback or correspondence

-Transaction information

Marketing information

Device data

Online activity data

-You

Third Parties

-To operate the Service

Research & development

Marketing & advertising

For compliance, fraud prevention, and safety

To comply with law

–Affiliates

-Service Providers

-Other users of the Service and the public

–Advertising partners

-Professional advisors

-Authorities and others

-Business transferees

Advertising partners (to facilitate online advertising)  
Financial InformationFinancial information

-You

–Third Parties

-To operate the Service

–Research & development

–For compliance, fraud prevention, and safety

–To comply with law

Affiliates

Service Providers

Professional advisors

Authorities and others

Business transferees

None
Online Identifiers

-Contact information

Feedback or correspondence

Device data

Online activity data

You

Automatic collection

Third Parties  

-To operate the Service

Research & development

Marketing & advertising

For compliance, fraud prevention, and safety

To comply with law

–Affiliates

-Service Providers

-Other users of the Service and the public

–Advertising partners

-Professional advisors

-Authorities and others

-Business transferees

Advertising partners (to facilitate online advertising)  
Internet or Network InformationDevice dataOnline activity dataAutomatic collectionThird PartiesTo operate the Service Research & developmentMarketing & advertisingFor compliance, fraud prevention, and safetyTo comply with lawAffiliatesService ProvidersOther users of the Service and the publicAdvertising partnersProfessional advisors Authorities and othersBusiness transfereesAdvertising partners (to facilitate online advertising)  
Inferences

May be derived from your:

Ac Contact information

-Feedback or correspondence

Transaction information

Marketing information

Device data

Online activity data

You

Automatic collection

-To operate the Service

Research & development

Marketing & advertising

For compliance, fraud prevention, and safetyTo comply with law

Affiliates

Service Providers

Other users of the Service and the public

Advertising partners

Professional advisors

Authorities and others

Business transferees

Advertising partners (to facilitate online advertising)
Protected Classification CharacteristicsWe do not intentionally collect this information but it may be revealed in identity data or other information we collect

Additional information for California residents.  

  • Sensitive personal information. We do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the California Consumer Privacy Act. 
  • Shine the light law.  Under California’s Shine the Light law (California Civil Code Section 1798.83), California residents may ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain personal information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes, and the categories of personal information disclosed. You may send us requests for this information to help@nightfoxaudio.com. In your request, you must include the statement “Shine the Light Request,” and provide your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we will not accept requests via telephone, mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

Licensing Agreement

By installing any Nightfox Audio product you accept the following license agreement.

  1. License Grant
    The license for this product is granted only to a single user.  You may use this product on up to two (2) separate computers, which computers shall be owned and used by you exclusively.  If you need more, special arrangements may be made on a case-by-case basis.  All sounds and samples in this product are licensed, but not sold, to you by Nightfox Audio for commercial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use. Nightfox Audio allows you to use any of the sounds and samples in the library(s) you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to Nightfox Audio.

    This license is nontransferable and expressly forbids resale or lease of the product.
    This license also expressly forbids any inclusion of content contained within this library, or any other Nightfox Audio library, into any other virtual instrument or library of any kind, without our express written consent. This license forbids any redistribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand alone basis.


  2. Rights/Watermarking Policy
    The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Nightfox Audio retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product. Any rights not specifically granted herein are reserved by Nightfox Audio.

    Any unauthorized use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle Nightfox Audio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by Nightfox Audio which identifies the products, its owner and the terms and conditions for its use. Please note that the product may be embedded with a digital watermark specific to the serial number you have been given for this product. If the product ends up in other people’s music, you will be held legally responsible, so we ask you to keep this product for yourself. You further agree to take all reasonable steps to protect this product from unauthorized copying or use.


  3. Refunds
    If you are unhappy for any reason after installing, registering and using the product, we will issue a full refund within 14 days of your purchase. All validated refund requests will be processed within 2–4 weeks. Failure to include all required information may result in a denial of your request or a delay in the processing of your refund. Excludes products obtained as Not For Resale or products purchased at an authorized Nightfox Audio Reseller/Retailer. Any products purchased with an authorized Nightfox Audio Reseller/Retailer should be returned to the retailer from which it was purchased (subject to that retailer’s return policy).

    Refund Process:
    Please contact help@nightfoxaudio.com with your request for refund. Once the process is complete, Nightfox Audio will refund in the amount of the full purchase price.

    *Refund amount is subject to the currency exchange rate and applicable bank fees at the time of the refund.

  4. Limited Warranty/Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIGHTFOX AUDIO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NIGHTFOX AUDIO, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.

  5. Term
    This license agreement is effective from the moment the product is installed by any means. The license will remain in full effect until termination. The license is terminated if you break any of the terms or conditions of this agreement. Upon termination you agree to destroy all copies and contents of the product at your own expense. In the event of termination, the following sections of this license will survive: 2, 3, 4 and 7.

  6. NFR (Not for Resale)/Free Products/EDU (Educational) Sales
    All Nightfox Audio products are subject to the terms of this license agreement, unless specified otherwise. Notwithstanding other sections of this license, any products provided to you for an EDU purpose shall only be used by students or faculty, staff and administration attending or working in educational institutional facilities. Please note that not all products are available for our EDU Sales program.

  7. Bundle and Upgrade Purchases
    All bundle and upgrade purchases and prices apply only to the product line at the time of purchase. Customers who purchased a bundle or upgraded to the complete product line are not eligible for additional discounts or free products on future product releases unless specifically noted by Nightfox Audio.

  8. General Terms

     

    1. This license shall be governed by Nebraska law applicable to contracts fully negotiated, executed and performed therein. Only the Nebraska courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Lancaster County, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.

    2. You agree that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license.

    3. You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.

Terms of Service

Overview

Nightfox Audio Inc.’s Terms of Service helps us achieve the following:

  1. Maintain Nightfox Audio’s ability to provide high-quality service and consistent reliability to ALL clients.
  2. Protect the privacy and security of our users and the digital infrastructure which supports them.
  3. Comply with applicable laws.

Nightfox Audio will regularly review the technology, terms, and policies in place to evolve with the changing times.

This website is operated by Nightfox Audio Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Nightfox Audio Inc.. Nightfox Audio. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 – 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.

Section 9 – User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nightfox Audio Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend and hold harmless Nightfox Audio Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Nebraska and the United States of America.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at help@nightfoxaudio.com.