Site Visitor Agreement – Radium Online Store

Any person or entity (“User” or “You“) visiting, using or otherwise accessing the site at shop.radium-audio.com (“Site“) or any of the information contained within the site agrees to and is bound by the following terms and conditions of this visitor agreement (“Site Visitor Agreement“).

Shop.radium-audio.com. The Site, together with all content, data and other materials contained therein (“Content“) is owned or controlled by Radium Audio Limited, a company incorporated in England its registered office at 30-32 Gildredge Rd Eastbourne East Sussex BN21 4SH, UK. Radium Audio Limited is referred to in these terms and conditions as “we“, “us“, “our” or “Radium“.

The Radium Workshops Service. Radium Workshops is an online retail service (“Service“) that allows you to browse and purchase downloadable pre-recorded sounds, sound effects, samples (“Sound Files“), software files (“Software Files“), and prebook and purchase short courses we run from time to time. Together, the Sound Files, Software Files and Course Information and digital assets, and all accompanying downloadable documentation and/or documentation issued by email relating to these, (“Documentation“), are the “Products“.

Registration. If you wish to purchase Products or otherwise use the Service in any way, you must agree to the terms of the End User License Agreement.

Use of the Site. The Site is intended only for the purposes specified and your use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. To the fullest extent permitted by applicable law, all Content is provided without any representations or warranties of any kind (either implied or express). Specifically, Radium does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements.

Featured Links. The Site may display and/or refer to links to other websites and services from time to time. Radium: (i) does not endorse or take responsibility for the content of such sites or services, (ii) is not responsible for the availability of such sites or services; and (iii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked sites or services, you do so at your own risk.

Linking to the Site. Any other website may link to the Site, provided it does not imply any endorsement of its products or services by Radium, does not misrepresent its relationship with or present false information about Radium, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Radium reserves the right to withdraw such permission at any time (generally or in relation to specific site(s) as applicable in each case) and to take any other appropriate action.

Content. Radium, unless otherwise stated, owns or controls all relevant rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by applicable law.

Hacking. You agree 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 incurred by Radium. We will cooperate with the authorities in prosecuting anyone who Interferes with the Site and/or the Content or otherwise attempts to defraud Radium or any other parties through use of the Site and/or the Content or the services provided therein. Radium reserves the right to deny any or all access to the Service to any User for any reason, at any time, in our sole discretion. User agrees that we may block User’s access at any time, and at our sole discretion we may disallow User’s continued use of the Site or the Content without notice. 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 Site Visitor Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

Complaints. If you would like to notify us of any content which you believe does not comply with applicable law or otherwise is objectionable, please notify us via email at workshop@radium-audio.com making sure to include specific references for the objectionable content and the reasons you believe it does not comply.

Trade Marks. The brands and service names used in the Site and/or the Content (including without limitation, “Radium”, “Radium Audio” and “Radium Workshops”) are trademarks or trade names of Radium Audio Limited or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written consent of Radium.

Limitation of Liability. User agrees that the liability of Radium to User under this Site Visitor Agreement shall be limited to direct damages of up to the amount User has actually paid to Radium for its goods and services.

Indemnity. User agrees to indemnify Radium for any loss or damage that may be incurred by Radium (its directors, employees and/or affiliates), including without limitation any legal fees, arising from User’s use of the Site, the Content, or User’s use of any information obtained therefrom.

Severability. 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.

Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site (or otherwise made available to you). User’s continued use of the Site, the Content or services provided by Radium, constitutes agreement with and acceptance of any such amendment or other changes.

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