Terms of service
Effective Date: January 1, 2026
These Terms and Conditions (these “Terms”) govern access to and use of the website located at https://abbarasounds.com and any subdomains of abbarasounds.com that are owned or controlled by Abbara (collectively, the “Site”), and any content, software, features, and services made available through the Site.
The Site is owned and operated by Abbara Sounds, Inc. (“Abbara,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. Eligibility; Accounts
1.1 Eligibility. You must be at least 18 years old (or the age of majority where you live) to use the Site. If you use the Site on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.
1.2 Account Registration. Some features may require an account. You agree to provide accurate information, keep it updated, maintain the confidentiality of your login credentials, and promptly notify us of any unauthorized access or use of your account.
1.3 Account Responsibility. You are responsible for all activities that occur under your account, whether or not authorized by you.
2. Music Files; Music License
2.1 Music Files Defined. The Site may allow you to access, download, stream, purchase, or otherwise obtain music and audio files, including sound recordings, beats, stems, sound effects, samples, MIDI files, and related materials (collectively, “Music Files”).
2.2 Separate Music License Applies. Your rights to use any Music Files are governed exclusively by Abbara’s music license agreement located at https://abbarasounds.com/policies/legal-notice (the “Music License”), and any order confirmation, invoice, or other ordering documentation issued by Abbara in connection with your acquisition of Music Files (each, an “Order”). You may not use Music Files except as expressly permitted by the Music License and the applicable Order.
2.3 Conflict. If there is any conflict between these Terms and the Music License (or an applicable Order), the Music License (and then the Order, if applicable) controls with respect to the Music Files, and these Terms control with respect to the Site and all other matters.
2.4 Reservation of Rights. Except for the limited rights expressly granted under these Terms and the Music License, Abbara and its licensors reserve all rights in and to the Site and Music Files.
3. Prohibited Uses
You will not, and will not assist or enable others to:
3.1 Infringe Rights. Use the Site or any content in a way that infringes or violates any intellectual property, privacy, publicity, or other rights.
3.2 Misuse Music Files. Use any Music Files outside the scope permitted by the Music License and the applicable Order.
3.3 Create Competing Libraries. Use the Site or any Music Files to build, train, or populate any music or audio library, catalog, sample pack, soundbank, dataset, or other compilation (including for AI or machine learning purposes) that competes with Abbara, unless Abbara expressly agrees in writing.
3.4 Remove Notices. Remove, alter, or obscure any copyright, trademark, watermark, attribution, or proprietary notices.
3.5 Circumvent Security. Bypass, disable, or interfere with any access controls, DRM, rate limits, security features, or restrictions on the Site.
3.6 Scrape or Harvest. Use any robot, spider, scraper, or other automated means to access the Site or collect data without our express written permission.
3.7 Illegal or Harmful Conduct. Use the Site to engage in any unlawful, abusive, harassing, fraudulent, deceptive, or harmful activity.
4. User Content (if applicable)
4.1 User Content. If the Site allows you to upload, submit, or post content (including comments, messages, project information, or media) (“User Content”), you retain ownership of your User Content.
4.2 License to Abbara. You grant Abbara a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for formatting), display, perform, and distribute your User Content as necessary to operate, improve, and provide the Site.
4.3 Your Responsibilities. You represent that you have all rights necessary to submit User Content and that it does not violate law or third-party rights.
4.4 Removal. We may remove User Content at any time for any reason, including for alleged violations of these Terms.
5. Payments; Subscriptions; Taxes (if applicable)
5.1 Pricing. Prices, features, and availability may change at any time. Any quoted prices exclude applicable taxes unless stated otherwise.
5.2 Checkout Provider. Payments may be processed by third-party payment processors. You authorize us (and our processors) to charge your selected payment method for Orders, including recurring charges for subscriptions if applicable.
5.3 Subscriptions; Auto-Renewal (if applicable). If you purchase a subscription, it will renew automatically unless you cancel before the renewal date through your account settings or as described at checkout. Your subscription benefits continue until canceled or terminated.
5.4 Taxes. You are responsible for any sales, use, VAT/GST, withholding, or similar taxes associated with your Order, except for taxes based on Abbara’s net income.
6. Delivery; Downloads; Risk of Loss
6.1 Digital Delivery. Music Files are delivered digitally. Availability of downloads may be time-limited based on the Music License or your Order.
6.2 Your Systems. You are responsible for ensuring your devices and software can access and use Music Files (including compatible formats).
7. Refunds and Chargebacks
7.1 All Sales Final; Exceptions. Because Music Files are digital products, all sales are final once a download link is delivered or a file is accessed, except where required by applicable law or where Abbara expressly agrees otherwise in writing.
7.2 Unauthorized Transactions. If you believe a transaction is unauthorized, notify us promptly. You agree not to initiate a chargeback without first giving us a reasonable opportunity to investigate and resolve the issue.
8. Intellectual Property; Trademarks
8.1 Site IP. The Site, including its design, text, graphics, interfaces, and software, is owned by Abbara or its licensors and is protected by intellectual property laws.
8.2 Trademarks. “Abbara Sounds” and any related logos are trademarks of Abbara. You may not use them without our prior written consent.
9. Copyright Policy; DMCA Notice (U.S.)
9.1 Policy. We respect intellectual property rights and respond to notices of alleged copyright infringement.
9.2 DMCA Agent. If you believe content on the Site infringes your copyright, send a DMCA notice to:
DMCA Agent: Guvenc Acarkan, Esq.Email: guvenc@acarkanlaw.comAddress: 185 Hudson St Suite 2940 Jersey City, NJ 07311Phone (optional): +1-201-904-1020
Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
9.3 Counter-Notice. If you believe material was removed or disabled by mistake, you may submit a counter-notice to the DMCA Agent with: (a) your signature; (b) identification of removed material and its prior location; (c) a statement under penalty of perjury that removal resulted from mistake or misidentification; (d) your name, address, and phone number; and (e) consent to jurisdiction of the federal district court for your address (or, if outside the U.S., for the district where Abbara is located) and acceptance of service of process.
10. Third-Party Links and Services
The Site may contain links to third-party websites or services. We do not control and are not responsible for third-party content, products, or services. Your use of third-party services is at your own risk and subject to their terms.
11. Disclaimers
11.1 As-Is. THE SITE AND ANY MUSIC FILES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ABBARA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
11.2 No Guarantee of Availability. We do not guarantee uninterrupted, secure, or error-free operation of the Site, or that any content will be available at all times.
11.3 No Legal/Business Advice. Any information provided by Abbara is for general informational purposes and is not legal or business advice.
12. Limitation of Liability
12.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABBARA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE, MUSIC FILES, THE MUSIC LICENSE, OR THESE TERMS, EVEN IF ABBARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABBARA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE, MUSIC FILES, THE MUSIC LICENSE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ABBARA FOR THE ORDER GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US $5,000.00.
12.3 Basis of the Bargain. You agree that the limitations in this Section 12 are fundamental elements of the basis of the bargain between you and Abbara.
12.4 Consumer Rights. Some jurisdictions do not allow certain limitations; in that case, these limitations apply to the fullest extent permitted.
13. Indemnification
You will indemnify, defend, and hold harmless Abbara and its affiliates and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Site; (b) your violation of these Terms, the Music License, or any Order; (c) your User Content; or (d) your infringement or misappropriation of any third-party rights.
14. Suspension; Termination
14.1 Suspension/Termination. We may suspend or terminate your access to the Site (including your account) at any time if we believe you violated these Terms, the Music License, any Order, or applicable law, or if necessary to protect the Site, Abbara, or others.
14.2 Effect of Termination. Upon termination, the licenses granted to you under these Terms end. Any validly granted license rights to Music Files will continue only as expressly provided in the Music License and applicable Order, subject to your continued compliance.
14.3 Survival. Sections 2, 3, 7, 8, 11, 12, 13, 14.2, 14.3, 15, 16, and 17 survive termination, along with any provisions that by their nature should survive.
15. Privacy
Your use of the Site is subject to our Privacy Policy located at https://abbarasounds.com/policies/privacy-policy, which is incorporated by reference.
16. Dispute Resolution; Governing Law; Venue
16.1 Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules.
16.2 Venue. Subject to Section 16.3 (if included), the state and federal courts located in New York, New York will have exclusive jurisdiction, and each party consents to personal jurisdiction in those courts.
16.3 Arbitration. Except as provided in Section 16.4 (Injunctive Relief), any dispute, claim, or controversy arising out of or relating to the Site, these Terms, any Order, or the Music Files or Music License (each, a “Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”), as modified by this Section 16.3.
(a) Seat and Location. The seat (legal place) of arbitration will be New York, New York, and the arbitration hearing will take place in New York, New York, unless the parties agree otherwise.
(b) Arbitrator. The arbitration will be conducted by one arbitrator, selected in accordance with the Rules.
(c) Authority; Relief. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, except that the arbitrator may not award relief on a class, collective, or representative basis.
(d) No Class Arbitration. The parties agree that arbitration will be conducted only on an individual basis. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, or representative proceeding.
(e) Confidentiality. The arbitration, including all filings, evidence, testimony, and the award, will be treated as confidential to the maximum extent permitted by law, except as necessary to enforce the award or as otherwise required by law.
(f) Costs and Fees. Each party will bear its own attorneys’ fees and costs, and the parties will share the arbitrator’s fees and AAA administrative fees as determined by the Rules, unless the arbitrator awards otherwise as permitted by law.
(g) Judgment on Award. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
(h) Time Limit. To the extent permitted by law, any Dispute must be brought within 1 year after the Dispute arises, or it is permanently barred.
16.4 Injunctive Relief. Notwithstanding the foregoing, Abbara may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
17. General Terms
17.1 Changes to These Terms. We may update these Terms from time to time. The “Effective Date” above indicates when these Terms were last updated. Changes become effective when posted on the Site. Your continued use after changes means you accept the updated Terms.
17.2 Entire Agreement. These Terms (together with the Music License, any Orders, and the Privacy Policy) are the entire agreement between you and Abbara regarding the Site and supersede all prior or contemporaneous understandings relating to the Site.
17.3 Severability. If any provision is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in effect.
17.4 No Waiver. Failure to enforce any provision is not a waiver.
17.5 Assignment. You may not assign these Terms or any rights or obligations without Abbara’s prior written consent. Abbara may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
17.6 Notices to You. We may provide notices to you through the Site, your account, or by email to the address associated with your account.
17.7 How to Contact Us.Abbara Sounds, Inc.2093 Philadelphia Pike #8865Claymond, DE 19703Email: notice@abbarasounds.com
17.8 Electronic Communications. You consent to receive communications electronically and agree that electronic agreements, notices, and disclosures satisfy any legal requirement for written communications.
17.9 Force Majeure. Abbara is not liable for delays or failures caused by events beyond its reasonable control.
17.10 Headings. Headings are for convenience only and do not affect interpretation.