Samplebase™ is a website that licenses collections of sound-samples, musical recordings, MIDI sequences, patches (collectively “SoundBlocks”), and software to users, in exchange for fees. Our site also hosts a user forum and support pages, including Flash movies, to support our community of users.
Your use of our site or any products or services offered on this site (collectively, the "Services") is on these Terms of Use (these "Terms"). We may modify these Terms any time without prior notice to you by posting revised Terms on our site. Your use of our site binds you to accepting these Terms, including any modifications we make.
Some Services may be subject to additional posted conditions. Your use of the Services is on those conditions. They are deemed to be incorporated into these Terms. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, remove or block access to any material you submit to our site for any reason;
- Refuse, move, remove or block access to any content that is available on our site;
- Deactivate or delete or suspend your account and portions of or all related information and files in your account;
- Establish general practices and limits concerning use of our site.
You agree we will not be liable to you or any third party for taking or not taking any of these actions.
You agree our Services may include communications such as service announcements and administrative messages from us or from companies having arrangements with us. Some of these communications are part of the Services. Some are not. You may not be able to opt out of receiving these messages. You also agree our Services may include advertisements.
Samplebase™ content
Our site includes a combination of content we create, our producers create, companies having arrangements with us create, and our users create. All materials published on our site, including, but not limited to, SoundBlocks, sound recordings, the Satellite Free™ and Satellite Pro™ software, written content, photos, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks, or those of the companies having arrangements with us.
Except as stated in the next paragraph, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, distribute, perform, publicly display, or in any way exploit any materials or content on our site in whole or in part without express written permission of Samplebase™.You may not copy, distribute, trade, swap, sell, or give away SoundBlocks, content they contain, or the Satellite™ software.
You may create derivative musical works, royalty-free for live performance, soundtracks, or sound recordings, using sound content and programming contained in SoundBlocks and software purchased and downloaded from Samplebase™. However Samplebase™, its licensors, companies having arrangements with us, and their licensors reserve, without limitation, all copyrights in the downloaded sound recordings, programming, and software.
Regarding any efforts Samplebase may make seeking assurance from others that content on our site is free of copyright claims by others, there is no assurance that these efforts are or will be effective to any extent, or at all. SAMPLEBASE™ DOES NOT WARRANT OR GUARANTEE THAT SOUNDS OR SOFTWARE OR OTHER CONTENT ON OUR SITE ARE FREE FROM COPYRIGHT, OTHER INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OR CLAIMS OF OTHERS. YOU AGREE THAT USE OF ALL SOUNDBLOCKS OR SOFTWARE OR OTHER CONTENT DISTRIBUTED OR PROVIDED BY SAMPLEBASE™ IS AT YOUR SOLE RISK. If you have a concern about originality of any sound recording or software, or possible claims of others, you are encouraged to contact the appropriate producers through Samplebase user forums for confirmation. This action and your resulting decisions and actions are your sole responsibility.
You, the user, are solely responsible for all materials, whether publicly posted or privately transmitted, that you post, transmit, or otherwise make available on our site ("Your Content"). You represent and warrant that you own all intellectual property rights and all other rights in Your Content. By posting Your Content you grant us, our affiliates, and companies we have arrangements with a perpetual, worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, modify, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content whether for purposes of displaying Your Content on our site or other purposes. This license also includes distribution and storage of Your Content in any form, medium, or technology now known or later developed.
Our site contains information content that we create and information content provided by others. This content includes, among other things, information about products and services offered by parties other than Samplebase, such as product descriptions, specifications, pricing, and performance descriptions. We do not guarantee accuracy, integrity, or quality of this content, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the forum or support sections of our site.
You may be exposed to content that you find offensive, indecent, or objectionable for other reasons or that is inaccurate. You bear all risks associated with exposure to and use of that content. We have the right, but not the obligation, to remove or not remove any content that may, in our sole discretion, violate these Terms or that in our subjective judgment is objectionable to us or may be objectionable to others, even if our judgment is incorrect. We do not have to be consistent in exercising rights.
Third-party sites, products, and Services
Our site contains links to Internet sites owned by others. Your use of those sites is subject to any terms posted on those sites. We do not control sites that are not ours. We are not responsible for changes to or content on them. Our inclusion on our site of third-party content or links to third-party sites is not an endorsement of that content or third-party site.
Your conduct on our site
You receive a password and account designation on completing the Service's registration process. You are responsible to maintain confidentiality of the password and account and for all activities that occur under your password or account. You agree to (a) immediately notify Samplebase of any unauthorized use of your password or account or other breach of security, and (b) ensure that you exit from your account at the end of each session. Samplebase cannot and will not be liable for any loss or damage arising from your failure to comply, or that could have been avoided had you complied, with these requirements.
The technology and software underlying our site and Services are property solely of Samplebase and our owners. You agree not to actually or purportedly copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form or to use modified version of such software, including (without limitation) to obtain unauthorized access to our site.
Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, invade privacy of or otherwise violate rights of others;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any content that invades anyone’s privacy or is inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful;
- Transmit any file that contains any virus, corrupted file, or other similar software or program that may damage or adversely affect the operation of another person's equipment, our site, any software or hardware, or telecommunications equipment;
- Transmit any survey, contest, pyramid scheme, spam, unsolicited advertising or promotion material, or chain letter;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attribution, legal or other notice or proprietary designation or label of origin or source of software or other material;
- Restrict, interfere with or inhibit any user from using and enjoying any public area within our site;
- Collect or store personal information about other users;
- Interfere with or disrupt our site, servers, or network;
- Impersonate any person or entity, including, but not limited to, a Samplebase representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge a header or manipulate an identifier or other data in order to disguise the origin of any content transmitted through our site or to manipulate your presence on our site;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activity.
You agree to use our forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to the particular Forum. If you choose a username that, in our sole judgment may be obscene, indecent, abusive, or otherwise objectionable or may subject us to criticism or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our site, suspend or deny you access to our site, take other lawful remedial action, or any combination of these options, even if our judgment was incorrect.
Unauthorized access to our site is a breach of these Terms and a violation of law. You agree not to access our site by any means other than through live personal use of the interface provided by Samplebase for use in accessing our site. You agree not to use any automated means, including, without limitation, agents, crawlers, miners, robots, scripts, or spiders, to access, monitor, or copy any part of our site, except those automated means that we have approved in advance and in writing.
Use of our site is subject to laws and legal process. Nothing in these Terms limits our right to comply with government, court, and law-enforcement requests or requirements relating to your use of our site. We may comply with any or all of these, without notice to you, We may elect to cooperate with inquiries from others by providing them information about your use of our site or about you, even though they do not serve us with formal requests or legal process. You do not have any expectation of privacy in the use of our site.
Indemnification
You agree to indemnify, defend and hold Samplebase and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, insurers, attorneys and licensors harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by Samplebase in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
- Your use of our site;
- Any use or alleged use of your account or your password by any person, whether or not authorized by you;
- Content, quality, or performance of content you submit to our site;
- Your connection to our site;
- Your violation of these Terms; or
- Your violation of the rights of any person or entity;
- Any other action or inaction by you that directly or indirectly gives rise to such claim.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us. This action by us does not waive or modify your indemnification, defense and hold harmless obligations. You agree to cooperate with our defense of these claims.
Disclaimers
We disclaim responsibility for deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing information or material on the Internet using search results from our site.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY AS TO CONTENT ON OUR SITE. OUR SITE AND THE CONTENT ARE PROVIDED "AS IS, AS AVAILABLE, WITH ALL FAULTS". ANY MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH OUR SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA AND OTHER INJURY OR DAMAGE THAT RESULTS FROM YOUR DOWNLOAD OF MATERIAL. NEITHER WE NOR ANY OF THE COMPANIES WE HAVE ARRANGEMENTS WITH, MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) RESULTS FROM USE OF OUR SITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERROR WILL BE CORRECTED. NEITHER WE NOR ANY OF THE COMPANIES WE HAVE ARRANGEMENTS WITH MAKES ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF OUR SITE AND ACCURACY OR COMPLETENESS OF ITS CONTENT. NEITHER WE NOR ANY COMPANY WE HAVE ARRANGEMENTS WITH SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND LIABILITY OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT (THAT IS, THE LIMITATION THAT RESULTS IN THE LEAST OR SMALLEST LIABILITY) PERMITTED BY LAW.
Arbitration
Samplebase may elect to resolve any controversy or claim arising out of or relating to these Terms or our site or your use of our site, or any claim between you and us, by binding arbitration according to the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles County, California, and judgment on the arbitration award may be entered in any court having jurisdiction. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles County, California, necessary to protect the rights or property of you or Samplebase (or our agents, suppliers, and subcontractors), pending completion of arbitration.
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