Terms of Service

Last Updated February 13, 2023

Preset Galaxy Administrator contact email: admin@presetgalaxy.com

This page states the Terms of Use (“Terms”) under which You (the “User”) may access and use the Website (as defined below). These Terms govern all interactions made on the Website. Please read them carefully. In addition to these Terms, Your access to and use of the Website are governed by the Preset Galaxy Privacy Policy (the “Privacy Policy”), and which is incorporated into these Terms by reference. Please read these Terms and the Privacy Policy carefully.

These Terms constitute a binding agreement between You and Preset Galaxy, and are deemed accepted by You and Preset Galaxy. Your access to or use of the Website indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Website. Preset Galaxy reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms, because they are binding on You.

Account registration

To use the Service You must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

By registering, You agree to be fully responsible for all activities that occur under your username and password. You are responsible for keeping your login credentials confidential and safe. You are required to immediately and unambiguously inform the Administrator via the contact details indicated in this document, if You think Your personal information, account, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by directly contacting the Administrator at the contact details provided in this document.

Account suspension and deletion

We reserve the right, at our sole discretion, to suspend or delete at any time and without notice, User accounts which we deem inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement.

Content provided by Users

By uploading content to Preset Galaxy, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, distribute, and display the content in any media or form.

You warrant that you have the right to grant this license, and that the content you upload does not violate any intellectual property rights or other rights of any third party.

We reserve the right to remove any content that we believe violates these Terms or is otherwise objectionable.

You are responsible for ensuring that the content you upload is appropriate and complies with all applicable laws.

You may not upload any content that contains viruses or other harmful code, or that promotes illegal or harmful activities.

We are not responsible for any errors or omissions in the content you upload or for any damage or loss caused by the use of such content.

Warranty

To the fullest extent possible by law, Preset Galaxy makes no representations or warranties that the website or any content downloaded within will operate error-free or that the website and Preset Galaxy’s servers are free of computer viruses or other harmful mechanisms. If your use of the website results in the need for servicing or replacing equipment or data or any other costs, Preset Galaxy is not responsible for those costs. The website and its content are provided “AS IS” without any warranties of any kind. Preset Galaxy, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, and non-infringement. Preset Galaxy makes no warranties about the accuracy, reliability, completeness, or timeliness of the content on the website.

Limitation of Liability

In no event shall Preset Galaxy be liable for any damages whatsoever (including, without limitation, direct, indirect, special, incidental and consequential damages, lost profits, or damages resulting from lost data, lost profits, lost employment opportunity or business interruption) resulting from the use or inability to use the website, whether based on contract, warranty, tort, or any other legal theory, and whether or not Preset Galaxy is advised of the possibility of such damages.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Preset Galaxy Administrator with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Administrator to locate the material;
  • Information reasonably sufficient to permit the Administrator to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright Administrator, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the Administrator of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be submitted to the Administrator at the following address:

dmca@presetgalaxy.com

Miscellaneous

  • Privacy. See the Privacy Policy For information and notices concerning Preset Galaxy’s collection and use of Your personal information.
  • Links. The Website contains many links to third-party websites. These links are provided solely as a convenience and not as an endorsement by Preset Galaxy of the contents on such third-party websites. Preset Galaxy is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If You decide to access linked third-party websites, You do so at Your own risk.
  • Commercial Use. You agree not to make any unauthorized commercial use of the Website.
  • Access Outside the United States. Preset Galaxy makes no claims that the Website may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
  • Governing Law. These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Sonoma County, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Preset Galaxy’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Preset Galaxy’s ability to enforce such term at any point in the future.
  • Waiver. Waiver of any specific term of these Terms shall not be deemed a further or continuing waiver of such term or of any other terms.
  • Headings. Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
  • Effective Date. These Terms are effective as of February 13, 2023.