|
Sample Dump Website and Sample Dump Client Applications End User License Agreement,
License Grant from Sample Provider to Noise & Vision - the company who provides the Sample Dump website - and services, License Agreement between Sample Provider and Customer, and General Terms.
REFUND POLICY
Sample Dump offers a full refund and complete customer satisfaction policy. If, for any reason, you are not happy with your Sample Dump purchase, return it and delete any digital copies you may have made of the product within 15 days and we will issue you a full refund.
DEFINITIONS:
1. "Content" refers to any material published at Sample Dump including but not
limited to wire files, collections, packages, music, sounds, samples, loops, tutorials, frequently asked questions,
words, films, images, and software.
2. "Customer" refers to any person who creates a user account at Sample Dump.
3. "Sample Provider" refers to the submitting individual or business who publishes
content at Sample Dump and subscribes to a Sample Provider account.
4. "Royalty Free" refers to a one-time usage fee as distinguished from a
recurring rights fee.
5. "Affiliate" means an entity with which Noise & Vision's Sample Dump has
entered into a sales affiliate relationship.
6. "Customer Services" refers to transmission and/or purchase of content
to and from Sample Dump via Noise & Vision's Sample Dump Website, a Client Application, or any approved web portal either currently in existence or in the future.
7. "For Sale" includes all content that requires a purchase of license rights,
as distinguished from content available for free download.
8. "Valid Sale" refers to a sale of license rights in content, or other property
via Sample Dump, where the appropriate share of proceeds is received by a Sample Provider who published the content.
Content for sale via Sample Dump which is returned is not an example of a valid sale.
9. For the purposes of this agreement, Sample Dump and Noise & Vision can be used
interchangeably.
10. "Client Application" refers to Sample Dump software available for download
at the Sample Dump web site or any other authorized download site, which allows Customers to browse, purchase,
upload, and download all content published at Sample Dump.
Sample Dump WEBSITE AND Sample Dump CLIENT APPLICATIONS END USER LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE Sample Dump
WEBSITE AND/OR A Sample Dump CLIENT APPLICATION, WHICH CAN BE DOWNLOADED FROM THE Sample Dump WEB SITE OR AFFILIATE’S SITE, ALONG WITH ANY ACCOMPANYING DOCUMENTATION.
Sample Dump Member Back-end End User License Terms:
1. BACK-END WEB ACCESS LICENSE. The Sample Dump site and Sample Provider back-end is copyrighted and protected by law and international treaty. You may use the Sample Dump Member Back-end through a web browser for non-commercial internal use only, unless specifically licensed to do otherwise by Sample Dump, for the express purpose of uploading your content, creating products and updating your bio and personal information. This is a license, not a transfer of title, and you may not nor permit anyone else to (a) modify the Sample Dump Source Files or use it for any commercial purpose or public display, performance, sale or rental; (b) de-compile, reverse engineer, or disassemble, modify, or create derivative works based on the Sample Dump Site and Client Back-end or the documentation in whole or in part;
3. TERMINATION OF THIS LICENSE. Noise & Vision may terminate this license at any
time if you are in breach of the terms of these terms and conditions of use.
LICENSE AGREEMENT BETWEEN Sample Provider AND Customer
License Grant:
For any transmission of content from a Sample Provider to a Customer, whether the transmission
was the result of a license or free download, the following terms apply unless more restrictive terms
are specified in the text description of the content:
1. Ownership. Unless explicitly provided for by a separate agreement, the Sample Provider
retains, subject to any license agreement between the Sample Provider and Sample Dump, copyright in content
purchased or downloaded by any 3rd party via Sample Dump.
2. Valid License. Any license rights relating to content for sale via Sample Dump are
contingent upon the transfer of money from the 3rd party to the Sample Provider. All license rights terminate
immediately and without notice if a sale is reversed for any reason.
3. Rights Granted. The Sample Provider grants to the 3rd party who either purchases license
rights to content via a valid sale, or downloads freely available content submitted by the Sample Provider, a
non-exclusive, non-transferable, worldwide, royalty-free license to: publicly perform, publicly display,
and digitally perform said content.
4. Rights Not Granted. Absent a written grant of rights greater than that contained
in paragraph 3 above, all other rights or sub-divisions of rights generally included in copyright are
excluded from this license.
5. Resale. The resale or redistribution by the third party of any content obtained
from Sample Dump, whether for sale or freely available for download, whether part of a valid sale
or not, is expressly prohibited.
6. Returned Content. In the event a 3rd party returns any content, whether acquired
by valid sale or freely available for download, all license rights granted herein terminate and the
3rd party must immediately destroy any and all copies contained on any type of media under the
control or possession of the 3rd party.
LICENSE GRANT FROM Sample Provider TO Sample Dump
For any Sample Provider who provides Sample Dump with any type of content for free
distribution or sale, the following terms apply:
You (the "Sample Provider") hereby grant to us ("Noise & Vision's Sample Dump"), and by the
act of delivering content to us, grant a non-exclusive, worldwide, royalty-free license to: (a) reproduce,
set prices for, sell, and distribute net proceeds from any sale, in whole or in part on my behalf;
and to publicly perform, publicly display, digitally perform, or transmit for promotional and
commercial purposes; (b) create and use samples of the content solely for the purpose of demonstrating
or promoting your products or services or those of Sample Dump; (c) use any trademarks, service
marks or trade names incorporated in the content in connection with your material; and (d) use the
name and likeness of any individuals represented in the content only in connection with your material.
GENERAL TERMS
Noise & Vision Reserves The Right To Remove And/Or Disallow Any Product Uploaded By Sample Provider
Sample Provider Products must meet a certain level of quality. Noise
& Vision reserves the right to remove any products from Sample Dump
at any time. Common reasons for removing a product are:
- Quality. It
must be of usable quality. This is, of course, subjective, but it is at
Sample Dump's sole discretion to make a final decision.
- Complete
Package. Necessary files must not be missing from the Product Download.
- Returns: If there are three or more returns on the product form
dissatisfied customers, we will kindly ask you to remove the product or
set its price to FREE.
- Copyright Infringement. We have a no tolerance
policy on this. We will cancel your account and remove all your product
offerings immediately.
- File size. Server space costs money, if the
Provider has many large files, it will be necessary for us to request
the removal of some or all large file-size products.
- Any reason. We
reserve the right to remove any product offering for any reason. We
don't plan on doing this often (or at all), but we need to reserve the
right to perform these actions.
The following terms apply to all types of content submitted to Sample Dump,
including, but not limited to: wire files, collections, packages, tutorials, frequently asked questions, words,
music, samples, sound, films, images, and software:
1. Ownership. You retain ownership of the copyrights and all other rights in
your content, subject to the non-exclusive rights granted to us under this agreement. You are free
to grant similar rights to others during and after the term of this agreement.
2. Termination. The license grant contained in this agreement can be terminated
using the guidelines below. Sample Dump reserves the right, notwithstanding the guidelines below,
to terminate this agreement at any time and without notice if any content submitted violates the
representations and warranties of paragraph three (3) below. This agreement may be terminated at
any time by either party upon written notice via email or regular mail. Nothing in this agreement
shall be construed to mean that a Sample Provider may not submit or delete content from the material
submitted by such Sample Provider as part of general maintenance of such Sample Provider’s account.
3. Representations and Warranties. The term "Content" means any type
of content, including, but not limited to: wire files, collections, packages, tutorials, faq's, words,
music,samples, sound, films, images, and software as applicable. You represent and warrant that: (a)
the Content is your original work, and contains no copyrighted material of any
kind that you are not the exclusive owner of, including but not limited to:
music and/or sync rights, images (moving or still) of any kind, writings of any
kind, and model clearances/releases; (b) you have full right and power to
enter into and perform this agreement, and have secured all third party consents necessary to
enter into this agreement; (c) the Content does not and will not infringe on any third party's
copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity
or privacy, or moral rights; (d) the Content does not and will not violate any law, statute,
ordinance or regulation; (e) the Content is not and will not be defamatory, libelous,
pornographic, obscene or evocative of racial hatred of any kind; (f) the Content does not
and will not contain any viruses or other programming routines that detrimentally interfere
with computer systems or data; (g) all factual assertions that you have made and will make
to us are true and complete. You agree to indemnify and hold us and our customers harmless
from any and all damages and costs, including reasonable attorney's fees, arising out of
or related to your breach of the representations and warranties described in this section.
You agree to execute and deliver documents to us, upon our reasonable request, that evidence or
effectuate our rights under this agreement.
4. Determining Type of Content. You have the ability to place your products within the categories you feel they belong. We retain the right to move your products to additional or altogether different category locations if we feel they better belong elsewhere in the site. If we
make an error in good faith, however and consequently exceed our license rights, your sole
and exclusive remedy will be for us to take all reasonable steps to promptly correct the
error as soon as we become aware of said error.
5. Royalty Payments & Commission.
(A) Individual Downloads. You will be entitled to receive any royalty payments collected by Sample Dump in the form of payments made by check distributed at least as often as quarterly. Sample Dump will be entitled to a commission in the amount of 25% for digital downloads, which it will deduct upon receipt. Sample Dump may at any time implement a program whereby the Sample Provider receives greater than the above percents, in which case royalty payments will reflect those amounts. You hereby authorize Sample Dump to collect and distribute such royalties and commissions.
(B) Subscription Service. If at any time you cancel your Sample Provider subscription or let said subscription lapse, Sample Dump will pay any outstanding debts owed you and disable your account. You can reinstate you account at any time. We will do our best to keep your data on file, but there are no guarantees once you end your membership.
6. Disclaimer. We provide our products and services related to this
agreement "AS IS" WITHOUT WARRANTY OF ANY KIND.
7. WARRANTY. Noise & Vision MAKES NO WARRANTIES EITHER EXPRESS OR
IMPLIED IN CONJUNCTION WITH ANY CONTENT PUBLISHED AT Sample Dump. Noise & Vision
WILL NOT BE LIABLE TO A Sample Provider, Customer OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT
FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING
TO THE USE OF EITHER THE Sample Dump WEBSITE, THE Sample Dump CLIENT BACKEND OR
ANY CONTENT PUBLISHED AT Sample Dump, WHETHER FRAMED AS A BREACH OF WARRANTY, IN TORT,
CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. Sample Provider AGREES TO INDEMNIFY AND
HOLD HARMLESS Sample Dump AND Noise & Vision FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF THE
SUBMISSION OF CONTENT TO Sample Dump.
8. Deep Linking. You agree to refrain from the practice commonly
referred to as "deep linking" whereby you use the content from Sample Dump with any
other web site via active linking or data mining.
9. Choice of Law. This agreement will be governed by California law,
excluding conflict of law principles. Any action or proceeding arising out of or
related to this agreement must be brought in a state or Federal court located in
Los Angeles, California, and both parties irrevocably submit to the exclusive
jurisdiction of such courts. All notices, requests and other communications under this
agreement must be in writing (e-mail messages shall be deemed writings).
10. Notices. Any notice required by this Agreement or given in connection
with it, shall be in writing and delivered by mail or electronic mail.
11. Agreement Subject to Change. Noise & Vision reserves the
right to change the terms of this agreement with or without notice at any time.
12. Account Non-Transferability. Sample Provider and Customer
accounts may only be used by the licensee. They may not be transferred or accessed
by any other party without the explicit written permission of Noise & Vision.
|