Our Terms of Use

We are oyosounds, an audio recording, pre- and postproduction company registered in the Netherlands. Our goal is to make high quality mixing, mastering and recording easy and accessible for everyone. Our office is registered at Zwettestraat, 8912AH 9 C, LEEUWARDEN Friesland. Our VAT number is NL864125926B01.

This page outlines the rules and regulations for the use of our website and services. By using our website, you represent and warrant that: (1) you have all the legal capacities to agree with our Terms of Use; (2) you agree to comply with these Terms of Use; (3) you will not use our website for any illegal or unauthorized purpose; and (4) your use of our website or services will not violate any applicable law or regulation. Please do not continue if you do not agree to take all of the terms stated on this page.

Definitions

Not only do we want to make high quality mixing, mastering and recording easy and accessible for you - we also want our Terms of Use to be as easy readible as can be. That is why we use certain definitions throughout our Terms of Use - to steer clear from any miscommunication.

  • We, us, our: oyosounds C.V., Chamber of Commerce number 86870319;
  • You, your: our client, customer, visitor, the party which oyosounds entered an agreement with, the person who is reading this, you;
  • Parties, Party: You and/or us together;
  • Social media account: online accounts you have with third-party service providers, each such account;
  • Booking: a purchase order made with us.

User representation and registration

In order to use our services, you will need to create an account on our website. By using or creating an account on our website, you agree to promptly update account and payment information so that we can complete your transactions and contact you as needed and you represent and warrant that: (1) all information you submit will be true, cacurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you will not access our website through automated or non-human means, whether through a bot, script or otherwise, (4) only you will have access to your account and (5) you will not sell your account.

We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectonable. We also have the right to suspend or terminate your account and refuse any and all current or future use of our website or services if you provide any information that is inaccurate, untrue, not current, or incomplete.

You agree to keep your password confidential and you will be responsible for all use of your account and password.

As part of functionalities of our website you may link (and at any time unlink) your account with your social media account. You represent and warrant that you are entitled to disclose your social media account login information to us and/or grant us access to your social media account, without breach by you of any of the terms and conditions that govern your use of the applicable social media account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the social media account provider.

By granting us access to your social media account, you understand that, for the purpose of our website functionalities, (1) we may access, make available and store any content you have provided to and stored in your social media account and (2) we may submit to and receive from your social media account additional information to the extent you are notified when you link your account with your social media account. Please note that: (1) your relationship with your social media provider and the content on the social media account provider's website is governed solely by your usage and agreements with said provider and (2) if a social media account or associated service becomes unavailable in any way, then the applicable social media account provider may no longer be available on and through our website.

Bookings and services

All our services are subject to availability of our schedule. We reserve the right to modify or make any of our services unavailable at any time for any reason. You agree and understand that we may adjust our pricing. Sales tax will be added to the price of purchases as deemed required by us.

We reserve the right: (1) to refuse any booking, at any time for any reason, including but not limited to, trackouts too bad of quality to be workable or incorrect file labelling and (2) to make completion or continuation of any booking conditional at any time for any reason, including but not limited to, incorrect file delivery or us awaiting revision notes from you.

Licensing, content and usage

You may not republish, sell, rent, sub-license, reproduce, duplicate, copy or redistribute any content on our website.

Without prior approval and written permission, you may not create frames around our content that alter in any way the visual presentation or appearance of our website. No use of our logo or other artwork will be allowed for linking absent a trademark license agreement.

We do not ensure that the information on our website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date. All images, photos, colors, drawings, descriptions on our website are only indicative and are only approximate and cannot lead to any compensation or (partial) dissolution of a booking or suspension of any obligation.

We reserve the right to change, modify, or remove content from our website at any time for any reason. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our website or services. We can not guarantee our website and services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our website, resulting in interruptions, delays, or errors.

Third-Party websites and content

Our content may be linked to so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; (c) fits within the context of the linking party‘s website.

Hyperlinking to our content is not allowed if: (a) the link would make us look unfavorably; (b) the linking party has any negative records with us; (c) the link is in any way deceptive.

We reserve the right to request that you remove all links or any particular link to our content. You approve you immediately remove all links to our content upon request. By continuously linking to our content, you agree to be bound to and follow these Terms of Use.

Our website may contain links to and content from other websites, such as articles, graphics and other content or items belonging to or originating from third parties. As much as we do our best to monitor and investigate these links and content, the internet changes fast. We are not responsible for any content from or accessed on third party websites. If you believe any link to or content from any third party website available on our website is incorrect, inaccurate or inappropriate, please do not hesitate to contact us. If you decide to leave our website and access the third party website or to use or install any third party content, please know that you do so at your own risk, and you should be aware that our Terms of Use no longer govern.

Prohibited activities

You may not access or use our website for any purpose other than that for which we make our website and services available. Our website or services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You agree not to: (1) systematically retrieve data or other content from us, our services or our website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, (2) trick, defraud, or mislead us and other users or visitors, especially in any attempt to learn sensitive account information such as user passwords, (3) circumvent, disable, or otherwise interfere with security-related features of our website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of our website and/or the content contained therein, (4) disparage, tarnish, or otherwise harm, in our opinion, us and/or our website, (5) use any information obtained from our website in order to harass, abuse, or harm another person, (6) make improper use of our support services or submit false reports of abuse or misconduct, (7) use our website in a manner inconsistent with any applicable laws or regulations, (8) upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any uninterrupted use and enjoyment of our website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our website, (9) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools and (10) delete the copyright or other proprietary rights notice from any of our content.

Disputes and resolutions

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use, you agree to first attempt to negotiate any dispute for at least one (1) week before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party. You agree that any arbitration shall be limited to the dispute between the parties individually. You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of our website or services; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our website or services with whom you connected via our website or services.

Any dispute arising from the relationships between the parties to these Terms of Use shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Leeuwarden, Netherlands. The language of the proceedings shall be Dutch. Applicable rules of substantive law shall be the law of the Netherlands.

Disclaimer

We reserve the right to monitor our website for violations of these Terms of Use and to take appropriate legal action against any who violates the law or these Terms of Use. You can not derive any rights from an outdated Terms of Use: a Terms of Use containing an older "Last Updated" date than our current Terms of Use. By using our website, you agree with our current Terms of Use. The content on our 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. Our website is intended for users who are at least 13 years of age. If you are a minor, you must have your parent or guardian read and agree to there Terms of Use prior to you using our website or services. We may change or modify our Terms of Use from time to time and will alert you about any changes by updating the "Last Updated" date of our Terms of Use. We will not notify you personally.

Our website is provided on an as-is and as-available basis. There may be content on our website that contains typographical errors, inaccuracies, or omissions that may relate to our services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our website at any time, without prior notice. In no event we will be liable to you or any third party for any direct, indirect, consequential, exemplary, indidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our website and services.

These Terms of Use and any policies or operating rules posted by us on our website or in respect to our website and services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of our website or services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You agree to indemnify us against all third-party claims that are related to our website or services. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Governing law

Dutch law is exclusively applicable to all agreements between you and us.

This Terms of Use is governed by and interpreted following the laws of the Netherlands, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expessly excluded. The Dutch court in the district where we are established is exclusively competent in case of any distputes between parties, unless the law prescribes otherwise.

Contact us

In order to resolve a complaint regarding our website or services or to receive further information, please contact us at: Zwettestraat, 8912AH 9 C, LEEUWARDEN Friesland. Phone: +316 395 593 06. Email: contact@oyosounds.com

Last updated: January 19, 2023