Terms & Licensing

 

Introduction

These terms and conditions govern your use of Gino Bumbalo’s website and his music/products; by using his website and/or buying or downloading any free products, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of it, you must not use this website, purchase or download anything including free products.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of the privacy policy.

Interpretation

In this terms and condition and Gino Bumbalo Music Licensing Agreements, ‘him/his/himself’ means Gino Bumbalo/www.ginobumbalo.com/licensor, or vice versa; ‘you’ means the licensee or his customer/potential customer or vice versa; and ‘products’ means music, special effects, stingers, loops, samples and any other related products on sale here at GinoBumbalo.com – including free products, or vice versa.

Licence to use website

Unless otherwise stated, Gino Bumbalo owns the intellectual property rights in the website and audio material on the website, as well as graphics and images – except for material licensed to, and/or authorised to be used by him. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website;
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

Acceptable use

You must not use Gino Bumbalo’s website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use Gino Bumbalo’s website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Gino Bumbalo’s website without his express written consent. You must not use Gino Bumbalo’s website to transmit or send unsolicited commercial communications. You must not use Gino Bumbalo’s website for any purposes related to marketing without his express written consent.

Gino Bumbalo Music Licensing Agreement

Please read the terms of the following licence agreement before purchase/download and usage.

This licence is a legal agreement between licensee (you) and licensor (Gino Bumbalo). Licensee understands and acknowledge that licensor would not have entered into this licence with licensee, without licensee’s agreement to be fully bound by the terms of this licence. This licence contains disclaimers of warranties and limitations of liability.

Before downloading or purchasing any music products at www.ginobumbalo.com, licensee acknowledge that licensee agrees to be legally bound by all of the terms, conditions and notices contained or referenced herein. If licensee does not agree to these provisions or any of the other terms of licence, licensee should not purchase any music/products at GinoBumbalo.com. Due to the nature of music and other associated downloadable products (non-tangible digital goods), refunds are not offered.

The artwork associated with the music is for illustrative purposes only and is not included as part of the sale, unless specified and/or at Gino Bumbalo’s sole discretion.

The audio material and music produced and sold by Gino Bumbalo remains the property of Gino Bumbalo / www.ginobumbalo.com and is licensed, not sold, to you for use as per this licence agreement. Gino Bumbalo reserves any other rights not expressly granted to you. All lending, renting, copying, duplicating, trading or reselling of this product or its contents (also modified contents) is strictly prohibited.

You are not authorised to upload or download Gino Bumbalo’s music/products, or any of the associated sounds, to and/or from any database, bit torrent or file sharing servers. The right to use Gino Bumbalo’s music and audio material is granted to the original end-user of the product (Licensee) and is not transferable or resalable.

The following licence types are available

Please note, audio material may not always be available under all licences.

Free Licence (produced tracks only – does NOT apply to loops, sound effects or sample packs)

When using a Free Licence you must credit www.ginobumbalo.com and link back to the product/music page.

Free Licence is non exclusive and allows unlimited personal usage in accordance with Gino Bumbalo’s acceptable terms of use below.
Free Licence tracks are delivered in high quality MP3 format (320kbps).
It is suitable for the following usage:

  • Youtube, Vimeo, Vine, Twitter, Facebook and online videos (personal use only, non commercial usage)
  • Free mobile Apps for iOs, Android, Blackberry, Windows Mobile etc (non commercial usage)
  • Corporate presentations (non broadcast, not duplicated)
  • Slideshows, photoreels, photography (not for sale)
  • Websites (non-commercial usage)
  • Online games (not for sale)
  • Home production, podcasts
Commercial Licence (produced tracks only – does NOT apply to loops, sound effects or sample packs)

Commercial Licence is non exclusive.
Audio files are delivered in 24bit WAV format.
A separate licence is required for every new project.
It is suitable for the following usage:

  • Websites (commercial usage)
  • Youtube, Vimeo, Vine, Twitter, Facebook and online videos (commercial usage)
  • Corporate Presentations
  • Slideshows, photoreels, photography
  • Music On hold
  • Audio books
  • Theatrical performances
  • Films and documentaries
  • Television, radio programs (local, national, worldwide broadcast, satellite, digital, cable, pay per view etc)
  • Advertising (Tv, radio, national, worldwide broadcast)
  • Paid mobile Apps for iOS, Android, Blackberry, Windows Mobile etc (unlimited downloads and purchases).
  • Video games, computer and CD/DVDs


The following is not permitted with Gino Bumbalo’s Free and Commercial Licences: music material cannot be used for making music, sounds or loops that will be licensed and/or sold as Library Music, compilations, sound clips, ringtones or any other sampling products. You are not authorised to chop up/slice, re-edit and/or create new music or remixes in anyway, nor you are authorised to add vocals to make new songs (except for voice overs on documentaries, adverts and educational DVDs/videos). You cannot claim any intellectual rights to Gino Bumbalo’s music, he remain the sole copyright owners. All rights reserved.

Producer Licence (loops, sound effects, sample packs, stems – does NOT apply to produced tracks)

The Producer Licence is non exclusive.
Audio files are delivered in 24bit WAV format.
It is suitable for the following usage:

You can use them in any type of music production, for example: making records, remixes, commercials, jingles, commissioned pieces, soundtracks for film, theatre, musicals, computer games and multimedia. You may modify the sounds. If you run a commercial studio and wish to offer the sounds to a number of clients, then you are required to have a Multi User Licence; contact Gino Bumbalo for more info.

The following is not permitted with Gino Bumbalo’s Producer Licence: you are not authorised to make music or sounds that will be licensed or sold as Library Music, Sound Clips, or any other Sampling products, CDs or DVDs.

Licensor will not be responsible if the music and audio material bought here, does not fit the particular purpose of the Licensee. The music provided are licensed ‘as is’ without warranties of any kind. All rights reserved.

Gino Bumbalo cannot be held responsible for any direct or indirect or consequential loss arising from the use of this material in whatever form.

Limited Warranties

Gino Bumbalo do not warrant the completeness or accuracy of the information published on this website; nor does he commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law Gino Bumbalo excludes all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and Exclusions of Liability

Nothing in these terms and conditions will: (a) limit or exclude GinoBumbalo or your liability for death or personal injury resulting from negligence; (b) limit or exclude his or your liability for fraud or fraudulent misrepresentation; (c) limit any of his or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of his or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract and/or in tort.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

Gino Bumbalo will not be liable to you in respect of any losses arising out of any event or events beyond his reasonable control. Gino Bumbalo will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. Gino Bumbalo will not be liable to you in respect of any loss or corruption of any data, database or software. Gino Bumbalo will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify Gino Bumbalo and undertake to keep him indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Gino Bumbalo to a third party in settlement of a claim or dispute on the advice of his legal advisers) incurred or suffered by himself arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to Gino Bumbalo’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Gino Bumbalo may take such action as he deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Gino Bumbalo may revise these terms and conditions including his licensing agreement from time-to-time. Revised terms and conditions including Gino Bumbalo licensing agreement will apply to the use of this website and music/products from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Prices for music licences and related products are liable to change at any time without notice.

Assignment

Gino Bumbalo may transfer, sub-contract or otherwise deal with his rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms and conditions are for the benefit of you and Gino Bumbalo, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Gino Bumbalo and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Entire agreement

These terms and conditions, together with Gino Bumbalo’s privacy policy and his licensing agreement constitute the entire agreement between you and Gino Bumbalo in relation to your use of his website and his music/products, they supersedes all previous agreements in respect of your use of this website and buying or downloading free music at www.ginobumbalo.com.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England.

P + Copyright © 2016 by www.ginobumbalo.com