Terms and Conditions of Hypn Vault
These terms govern the use of this website and any other agreement or legal relationship with the owner in a binding manner. Expressions with initial capital letters are defined in the relevant section of this document.
The User is requested to carefully read this document.
None of the provisions in these terms give rise to an employment relationship, agency, or association between the parties involved.
This website is a service provided by:
Hypn Records - Limited Liability Company Via Enrico Fermi, 10
Bellaria-Igea Marina (RN)
47814
VAT Number: 04539620403
Registration in Rimini Business Register (REA): RN-420165
Owner's email address: [email protected] "This Website" refers to:
This website, including its subdomains and any other site through which the Owner offers the Service;
Applications for mobile devices, tablets, or similar;
Application program interfaces (API);
The Service;
including any software included as part of the Service, as well as any application, template file, content file, script, source code, set of instructions, and related documentation.
Quick Overview
Please note that certain provisions of these Terms may only apply to certain categories of Users. Specifically, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each relevant clause. If not specified, the clauses apply to all Users.
How this Website Works - TERMS OF USE
Unless otherwise specified, the terms of use of this website set out in this section have general validity.
Additional terms of use or access applicable in specific situations are expressly indicated in this document.
By using this website, the User declares to meet the following requirements:
There are no restrictions regarding Users being Consumers or Professional Users;
Registration
To use the Service, the User can open an account by providing all the requested data and information accurately and completely.
It is possible to use the Service without registering or creating an account. However, certain functions may not be available in that case.
Users are responsible for keeping their login credentials secure and confidential. For this purpose, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for all activities carried out with their login credentials.
Users must immediately and unequivocally inform the Owner, using the contact details specified in this document, if they believe that their personal information, such as User account, login credentials, or personal data, have been violated, unlawfully disclosed, or stolen.
Account Closure
The User is free to close their account and stop using the Service at any time, following this procedure:
Using the account closure tools available on this website.
Suspension and Deletion of Accounts
The Owner reserves the right to suspend or delete a User's account at any time at its own discretion and without prior notice if it deems it inappropriate, offensive, or contrary to these Terms.
The suspension or deletion of an account does not entitle the User to any compensation, refund, or indemnity.
The suspension or deletion of an account due to the User's fault does not release the User from the obligation to pay any applicable fees or prices.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this website is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this website does not violate applicable laws or the rights of third parties. However, this is not always possible.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address any related complaints to the contact details specified in this document.
Rights on the Content of this Website
The Owner expressly retains all intellectual property rights to the aforementioned content.
Users are not authorized to use the content in any way other than that necessary or implicit in the proper use of the Service.
In particular, but without excluding other actions, Users are prohibited from copying, downloading, sharing beyond the specified limits, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/assigning to third parties, or creating derivative works from the content available on this website, or allowing third parties to carry out such activities through their User account or device, even inadvertently.
Where expressly indicated on this website, Users are authorized to download, copy, and/or share certain content available on this website exclusively for personal and non-commercial purposes, provided that the authorship of the work is attributed, and any other relevant circumstances required by the Owner are indicated.
Limitations and exclusions provided by copyright law remain in force.
User-Provided Content
The Owner allows Users to upload, share, or offer their own content on this website.
By providing content to this website, the User declares to be legally authorized to do so and confirms that such content does not violate any laws or third-party rights.
Rights on User-Provided Content
The User acknowledges and agrees that by providing their own content to this website, they grant the Owner the non-exclusive right to process the content for the operation and maintenance of this website, as contractually provided.
To the extent permitted by law, the User waives their moral rights in relation to the content provided to this website.
Users acknowledge and agree that the content they offer through this website will be made available under the same conditions applicable to the content of this website.
The User is solely responsible for the content uploaded, published, shared, or otherwise provided to this website.
The User acknowledges and agrees that the Owner may filter or moderate such content in advance.
Therefore, the Owner reserves the right to refuse, censor, remove, delete, block, or rectify such content at its own discretion and deny access to this website without notice to the User who uploaded them if it deems that the content violates applicable laws or the rights of third parties or otherwise poses a risk to Users, third parties, the Owner itself, or the availability of the Service.
The removal, deletion, blocking, or rectification of content does not justify any claim for compensation, refund, or indemnity by Users who have provided such content.
Users agree to indemnify the Owner from any claim and/or damage suffered due to the content they have provided or offered through this website.
Access to External Resources
Through this website, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and is not responsible for their content and availability.
The terms applicable to resources provided by third parties, including those applicable to any rights grants on content, are determined by the third parties themselves and governed by their respective terms and conditions or, in their absence, by law.
Permitted Use
This website and the Service can only be used for the purposes for which they are offered, according to these Terms and in compliance with applicable law.
It is the sole responsibility of the User to ensure that the use of this website and/or the Service does not violate the law, regulations, or the rights of third parties.
Therefore, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying the User access to this website or the Service, terminating contracts, reporting any objectionable activity carried out through this website or the Service to the competent authorities (e.g., judicial or administrative authorities) whenever there is suspicion that the User is in violation of laws, regulations, third-party rights, and/or the Terms, including, but not limited to, engaging in any of the following activities:
Rules of Behavior
Pretending to meet any access requirements to this website or the use of the Service, such as reaching the legal age or qualifying as a Consumer;
Concealing one's identity, using someone else's identity, or pretending to act on behalf of a third party without authorization from that third party;
Altering identifiers to hide or disguise the origin of one's messages or published content;
Defaming, threatening, abusing, using intimidation practices, threatening, or violating the rights of third parties in any other way;
Promoting activities that may endanger one's own life or the life of any other User or cause physical harm. This includes, but is not limited to, the threat of or incitement to suicide, glorification of intentional physical trauma, the use of illegal drugs, and alcohol abuse. The posting of content that promotes, glorifies, or illustrates self-destructive or violent attitudes on this website is not tolerated under any circumstances;
Testing, analyzing, or probing the vulnerability of this website, the services, and networks connected to the site, violating security or authentication procedures on this website, the services, and networks connected to this website;
Installing, integrating, uploading, or otherwise incorporating malware into or through this website;
Using this website or its technological infrastructure in an abusive, excessive, or otherwise inappropriate manner (e.g., for spamming purposes);
Attempting to disassemble or tamper with the technological infrastructure in a way that causes damage or excessive burden to this website or the Service;
Offering Products through this website whose sale is prohibited by law or not currently available (e.g., due to stock depletion);
Manipulating the price of offered Products or omitting the delivery of purchased Products;
Encouraging other Users to conclude a transaction initiated on this website outside of this website to avoid paying any applicable fees;
Scraping
Implementing automated processes to extract, collect, or capture information, data, and/or content from this website and all its digital extensions unless expressly authorized by the Owner;
Content Rules
Distributing or publishing illegal, obscene, unlawful, defamatory, or inappropriate content;
Publishing content that directly or indirectly promotes hatred, racism, discrimination, pornography, or violence;
Distributing or publishing false content or content that may cause unjustified alarm;
Using this website to publish, distribute, or otherwise offer content protected by intellectual property laws, including, but not limited to, patents, trademarks, and copyrights, without the authorization of the rights holder;
Using this website to publish, distribute, or otherwise offer content that violates third-party rights, including, but not limited to, military, commercial, professional, or state secrets and personal data;
Publishing content or engaging in any other activities that disrupt, interrupt, damage, or otherwise violate the integrity of this website or other Users' devices. Such activities include spamming, illicit advertising, phishing, third-party fraud, the distribution of malware or viruses, etc.;
Publishing or otherwise disseminating false, incorrect, misleading, defamatory, or offensive content regarding Products offered on this website;
API Terms of Use
Users can access their data related to this website through the Application Program Interface (API). Any use of the API, including through third-party products or services that access data through the API, is subject to these Terms and the following specific conditions:
The User expressly acknowledges and agrees that the Owner is not responsible for damages or losses resulting from the User's use of the API or third-party products or services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this website as part of the service are paid.
The fees, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this website.
Product Description
Prices, descriptions, and availability of Products are specified in the respective sections of this website and are subject to change without notice.
While the Products on this website are presented with the utmost technical accuracy, the representation on this website through any means (including, where appropriate, graphic materials, images, colors, sounds) is to be understood as mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase Procedure
Each stage, from choosing the product to submitting the order, is part of the purchase procedure. The purchase procedure includes the following steps:
Users are requested to choose the desired Product to include it in the selection for purchase, indicating, where possible, quantity and specific characteristics.
Users can check their choice, modify, add, or remove items.
Users will be required to specify their billing address, contact details, and a means of payment of their choice.
If the purchase involves the delivery of a Product, Users may need to provide a shipping address.
During the purchase procedure, Users can modify, correct, or replace the provided information or cancel the purchase procedure altogether without any consequence.
After providing all the required information, Users are asked to carefully review the order and can subsequently proceed to checkout.
To submit the order, Users must accept these Terms and use the respective button or mechanism on this website, thereby committing to pay the agreed price.
Order Submission
Submitting the order involves the following:
Submitting the order by the User determines the conclusion of the contract and imposes on the User the obligation to pay the agreed price, fees, and any additional charges and expenses, as specified on the order page.
In case the purchased Product requires active contribution from the User, such as providing information or personal data, specifications, or specific requests, the submission of the order also imposes on the User the obligation to cooperate accordingly.
Once the order is submitted, Users will receive a confirmation of receipt of the order.
All notifications related to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase procedure and before submitting the order, Users are duly informed of all fees, taxes, and costs (including any shipping costs) that will be charged to them.
The prices on this website include all applicable fees, taxes, and costs.
Promotions and Discounts
The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions specified in the relevant section of this website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not create any claims or rights enforceable by Users in the future.
Depending on the case, discounts and promotions are valid for a specific period or until stock depletion. Unless otherwise specified, the time limitations of promotions and discounts are understood to refer to the time zone of the Owner's headquarters, as indicated in the contact details in this document.
Vouchers
Promotions and discounts may be offered in the form of vouchers.
In case of violation of the conditions applicable to vouchers, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Any additional or divergent provisions applicable to the use of vouchers stated on the relevant information page or on the voucher itself prevail in any case, regardless of the following provisions.
Unless otherwise specified, the following rules apply to the use of vouchers:
Each voucher is valid only if used according to the methods and within the specified time period on the website and/or on the voucher;
The voucher can only be redeemed in full at the time of purchase—partial use is not allowed;
Unless otherwise specified, single-use vouchers can be redeemed only once per purchase and, therefore, can only be redeemed once even in the case of installment purchases;
Vouchers cannot be combined;
The voucher must be used within the specified validity period. After the term expires, the voucher will be automatically canceled. Any possibility to claim rights, including reimbursement of the voucher's value, is excluded;
User does not have the right to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
The Voucher is exclusively for non-commercial use. Reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as well as any illicit activity related to the purchase and/or use of the Voucher.
Means of Payment
Details regarding accepted means of payment are highlighted during the purchase procedure.
Some means of payment may be subject to additional conditions or involve additional costs. Detailed information is provided in the relevant section of this website.
All payments are handled independently by third-party services. Therefore, this website does not collect payment-related data – such as credit card numbers – but receives a notification once the payment has been successfully processed.
In case the payment made with one of the available means fails or is refused by the payment service provider, the Owner is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment are borne by the User.
Installment Payment
The purchase price can be paid in two or more installments, as specified on this website or otherwise communicated by the Owner.
Certain Products may be excluded from this payment method.
In case the User is in default with a single installment payment, the entire amount due will become immediately payable.
Authorization for Future Payments via PayPal
If the User authorizes the PayPal feature that allows future purchases, this website will store an identifying code linked to the User's PayPal account. This way, this website can automatically process payments for future purchases or for the periodic installment payments of a previous purchase.
The authorization can be revoked at any time by contacting the Owner or by modifying the personal settings on PayPal.
Ownership Reservation
Until the Owner receives full payment of the purchase price, the User does not acquire ownership of the ordered Products.
Usage Rights Reservation
Until the Owner receives full payment of the purchase price, the User does not acquire usage rights to the ordered Products.
Delivery
Delivery of Digital Content
Unless otherwise specified, the digital content purchased on this website is delivered via download to the device or devices chosen by the User.
Users acknowledge and agree that, to download and/or use the Product, the chosen device or devices may need to meet the technical requirements specified on this website.
Users acknowledge and agree that the possibility of downloading the purchased Product may be limited in time and space.
Service Performance
The purchased service will be performed or made available within the times specified on this website or as communicated before submitting the order.
Duration of the Contract
Subscriptions
With a subscription, the User receives a Product on a continuous or periodic basis. Details regarding the type of subscription and termination are described below.
Subscriptions with No Fixed Term
Paid subscriptions begin on the day the Owner receives the payment.
To keep the subscription active, the User is required to timely pay the periodic fee. Otherwise, the service may be interrupted.
Installment Subscription
If the purchase price is paid in multiple installments, the subscription starts on the day the Owner receives the first payment and remains active for the entire subscription period, provided that all other installments are received on time.
Failure to meet payment deadlines may result in the inaccessibility of the Product.
Termination of Subscriptions with No Fixed Term
Subscriptions with no fixed term can be terminated at any time by sending a clear and unambiguous termination notice to the Owner, using the contact details provided in this document or - if applicable - by following the instructions on this website.
Termination will take effect 7 days after the Owner receives the termination notice.
User Rights
Right of Withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the specified period (usually 14 days) for any reason and without justification. The User can find further information about the right of withdrawal in this section.
No right of withdrawal on this website
Users acknowledge and agree that there is no right of withdrawal for contracts concluded on this website due to the particular characteristics of the offer.
Limitation of Liability and Indemnity
Indemnification
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, trademark co-owners, partners, and employees from any claim or demand, including legal fees and costs, made by any third party due to or arising out of the User's culpable conduct, use or connection to the service, the breach of these Terms, the violation of third-party rights, or the violation of any applicable law, rule, or regulation by the User, its subsidiaries, affiliates, officers, agents, trademark co-owners, partners, or employees to the extent permitted by law.
Limitation of Liability for User Activities on this Website
Unless otherwise specified and except as provided by applicable product liability law, the Owner shall not be liable for any damages caused by the User (or any person acting under their authority or on their behalf).
To the extent permitted by applicable law, when using this Website, the User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, agents, trademark co-owners, partners, suppliers, and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the User's breach of these Terms, improper use of the service, violation of any law or the rights of a third party, or alleged violation by the User, its subsidiaries, affiliates, officers, agents, trademark co-owners, partners, suppliers, and employees to the extent permitted by law.
General Provisions No implied waiver
Failure by the Owner to exercise any right or to enforce any provision under the Terms shall not constitute a waiver of that right or provision. No waiver by the Owner of any breach of any provision of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
Service Interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, giving appropriate notice to Users.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. In case of Service termination, the Owner will do their best to allow Users to withdraw their Personal Data according to applicable law.
Additionally, the Service might not be available due to reasons beyond the Owner's reasonable control, such as "force majeure" (e.g., labor actions, infrastructural breakdowns, etc.).
Resale of the Service
Users are not allowed to reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website or the Service without the Owner's express prior written permission, granted either directly or through a legitimate resale program.
Privacy Policy
Information on the processing of Personal Data is contained in this website's privacy policy.
Intellectual Property
Without prejudice to any more specific provision of these Terms, any intellectual or industrial property rights, such as copyrights, trademarks, patents, and design rights related to this Website are the exclusive property of the Owner or its licensors and are protected by applicable laws and international treaties related to intellectual property.
All trademarks - whether figurative or not - and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected by applicable laws and international treaties related to intellectual property.
Changes to the Terms
The Owner reserves the right to amend these Terms at any time. In such a case, the Owner will appropriately inform Users of these changes.
Changes to the Terms will not affect any rights or obligations based on the version of the Terms applicable at the time of the User's acceptance. Any changes will only apply to the User after their acceptance of the amended Terms. If required by applicable law, the Owner will specify the date by which the amended Terms will enter into force.
Assignment of the Contract
The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.
Provisions regarding the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Website must be sent to the contact details indicated in this document.
Severability Clause
If any of the provisions of these Terms are or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not affect the validity and effectiveness of the remaining provisions, which remain valid and effective.
Users in the USA
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective, and consistent with its original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the subject matter governed and prevail over any other communication, including any prior agreements, between the parties regarding the subject matter.
These Terms will be implemented to the fullest extent permitted by law.
European Users
If a provision of these Terms is or becomes null, invalid, or ineffective, the parties will endeavor to agree on a valid and effective replacement provision in an amicable manner.
In the event of failure to reach an agreement as described above, if permitted or required by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal provisions.
However, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions are essential or of such importance that the parties would not have concluded the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
Applicable Law
These Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict of laws.
Exception for European Consumers
However, regardless of the above, if the User acts as a European Consumer and has habitual residence in a country whose law provides a higher level of consumer protection, that higher level of protection shall prevail.
Exclusive Forum
The exclusive jurisdiction to hear any disputes arising from or in connection with these Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The above does not apply to Users who act as European Consumers or Consumers located in Switzerland, Norway, or Iceland.
Definitions and Legal References
This Website (or this Application)
The structure that allows the provision of the Service. Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not fall under the definition of a Consumer.
Voucher
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or with legal headquarters in the European Union, regardless of nationality.
Owner (or We)
Refers to the natural or legal person who provides this Website and/or offers the Service to Users.
Product
A good or service available for purchase through this Website, such as a tangible item, digital files, software, booking services, etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All the conditions applicable to the use of this Website and/or the provision of the Service as described in this document, as well as in any other connected document or agreement, in their respective most updated version.
User (or You)
Refers to any individual who uses this Website.
Consumer
Any individual who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity.
Last modification: March 30, 2023
